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RESEARCH 
PHILADELPHIA 

Report  No.  1 


THE  WEIGHTS  AND 
MEASURES  SITUATION 
IN  PHILADELPHIA 


A  Report  Setting  Forth  the  Results  of  the 
Lack  of  a  System  of  Official  Inspection 
and  Regulation,  together  with  a  Digest  of 
Existing  Laws  and  Ordinances  on  the  Sub- 
ject and  a  Suggested  Legislative  Program 


I 


Submitted  to  the  Mayor 
March  3,  1911 


BUREAU  OF  MUNICIPAL  RESEARCH 

REAL  ESTATE  TRUST  BUILDING 

PHILADELPHIA 

1911 


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/BUREAU  OF  MUNICIPAL   RESEARCH 
OF  PHILADELPHIA 


Report  No.  1 


THE  WEIGHTS  AND 
MEASURES  SITUATION 
IN  PHILADELPHIA 


A  Report  Setting  Forth  the  Results  of  the 
Lack  of  a  System  of  Official  Inspection 
and  Regulation,  together  with  a  Digest  of 
Existing  Laws  and  Ordinances  on  the  Sub- 
ject and  a  Suggested  Legislative  Program 


Submitted  to  the  Mayor 
March  3,  1911 


BUREAU  OF  MUNICIPAL  RESEARCH 

REAL  ESTATE  TRUST  BUILDING 

PHILADELPHIA 

1911 


•/ 


.    '. 

•        : 
•         •  •• 


•  -     .  • 
• .  • 

-. 


LETTER  OF  TRANSMITTAL 

March  3,  1911. 


HON.  JOHN  E.  REYBURN, 

Mayor  of  Philadelphia, 

Philadelphia,  Pa. 
Dear  Sir : — 


We  are  submitting  herewith  for  your  consideration, 
in  advance  of  general  publication,  a  copy  of  a  report  upon 
weights  and  measures  conditions  in  Philadelphia.  The 
report  contains  the  results  of  a  careful  investigation  of'the 
local  situation,  together  with  a  discussion  of  existing  laws 
and  ordinances  on  the  subject,  and  suggestions  for  addi- 
tional legislation. 

Our  study  of  the  statutes  has  led  to  the  conclusion 
that,  under  existing  laws,  the  city  has  authority  to  establish 
a  Bureau  of  Weights  and  Measures;  this  authority  having 
been  conferred  by  the  Charter  of  1789,  entitled  "An  act 
to  incorporate  the  city  of  Philadelphia"  (n  Mar.,  1789,  §16, 
2  Smith's  Laws,  467.) 

The  results  of  our  study  of  the  actual  practice  of  deal- 
ers with  respect  to  weights  and  measures  may  be  summarized 
briefly  as  follows : 

Tests  (540  in  number)  were  made  of  commodities  sold 
by  representative  dealers  in  all  parts  of  the  city. 

Only  one  of  fifteen  tests  of  coal  showed  a  full  legal 
ton  of  2240  pounds,  and  this  one  was  141  pounds  over 
weight;  two  came  within  the  legal  limit  of  forty  pounds. 
The  greatest  shortage  amounted  to  393  pounds  on  a  ton. 
The  shortage  on  the  total  amount  purchased  was  over  six 
per  cent. 

Of  225  weight  tests  of  groceries,  158  showed  a  short- 
age, and  58  an  excess;  the  average  shortage  being  seventy 
per  cent.,  and  the  average  excess  being  twenty-five  per  cent. 


i/56563 


Of  fifty  measure  tests  of  groceries,  forty-six  showed 
a  shortage,  the  shortage  being  thirteen  per  cent,  on  the  total 
purchases. 

Of  twenty  'tests  of  meats  at  the  Reading  Terminal 
market,  fourteen  were  short  in  weight;  the  greatest  excess 
on  any  tests  being  seven  per  cent.,  the  greatest  shortage, 
twenty-one  per  cent. 

Of  twenty  -tests  of  meats  and  provisions  at  the  two 
markets  belonging'  to  the  city,  twelve  showed  a  shortage, 
an  1  viih  t x\ o  exceptions  these  shortages  were  on  high- 
priced  commodities.  With  two  exceptions  also,  the  tests 
showing  an  excess  were  on  low-priced  commodities.  The 
greatest  excess  was  twenty  per  cent. ;  the  greatest  shortage, 
fourteen  per  cent. 

Of  ten  purchases  of  bread,  eight  weighed  less  than  a 
pound,  and  none  were  sold  by  the  pound  as  the  law  requires. 

Of  200  samples  of  dry  goods,  116 were  short,  and  80 
in  excess. 

It  will  be  noticed  that  these  tests  generally  show  that 
the  customer  is  at  a  disadvantage  in  purchasing  articles  of 
every-day  consumption. 

The  reason  for  this  condition  is  two- f old :  (i)  The 
lack  of  an  administrative  department  or  bureau  to  enforce 
existing  laws;  (2)  The  presence  on  the  statute  books  of 
certain  laws  wrhich  need  to  be  amended  or  supplemented  to 
fit  present  conditions. 

We  submit  for  your  approval,  a  tentative  program  of 
legislation,  embracing  five  sub-divisions  of  the  subject :  ( i ) 
Standards  and  denominations;  (2)  The  manner  of  sale  of 
various  commodities  or  classes  of  commodities;  (3)  The 
penalty  for  acts  intended  to  defraud  the  purchaser,  whether 
through  shortage,  substitution,  or  misrepresentation;  (4) 
The  manner  of  inspection  by  administrative  officials ;  and 
(5)  The  marking  of  the  net  contents  of  containers  in  terms 
of  weight,  measure,  or  numerical  count. 

Each  proposal  is  independent  in  itself  and,  so  far  as 
possible,  each  calls  for  amendments  to  existing  laws  rather 

2 


than  new  legislation.  Our  aim  has  been  simply  to  make 
such  suggestions  as  would  tend  to  bring  about  the  results 
which,  as  shown  by  the  acts  themselves,  past  legislatures 
have  tried  to  effect.  Not  all  of  the  proposed  measures  are 
of  equal  importance.  As  to  the  desirability  of  the  first, 
relating  to  standards  and  denominations,  there  can  be.no 
question,  for  the  law  as  it  stands  is  clearly  obsolete  in 
several  particulars.  The  second,  relating  to  the  manner  of 
sale  of  commodities,  we  regard  as  eminently  desirable.  The 
third,  relating  to  penalties,  is  necessary  if  our  laws  are  to 
command  respect.  The  fifth,  relating  to  the  net  contents 
of  containers,  is  suggested  because  it  deals  with  an  impor- 
tant branch  of  the  subject,  but  this  is  a  measure  which  may 
well  be  deferred,  pending  action  of  congress. 

The  proposal  which  we  most  urgently  recommend  to 
your  attention  is  the  fourth,  relating  to  the  manner  of 
inspection  of  weights  and  measures  by  administrative  offi- 
cials, for  we  believe  that  the  experience  of  the  last  twenty- 
eight  years  has  fully  demonstrated  the  need  for  a  system 
of  regulation  and  inspection.  As  guides,  we  have  the 
legislation  already  in  force  in  other  progressive  states,  and 
we  have  a  so-called  "model  law"  which  was  drawn  up  and 
approved  by  the  annual  conference  on  weights  and  measures 
held  in  Washington,  in  February  of  the  present  year.  As 
the  delegates  to  this  conference  were  state  officials  charged 
with  the  enforcement  of  weights  and  measures  laws  in  their 
respective  states,  their  recommendations  deserve  careful 
consideration. 

In  several  recent  sessions  of  the  legislature,  bills  relat- 
ing to  weights  and  measures  have  been  introduced,  and 
several  are  under  consideration  by  the  present  legislature. 
The  time  is  therefore  opportune  for  a  comprehensive  con- 
sideration o<f  the  whole  subject.  This  being  the  case,  it 
would  seem  desirable  that  the  particulars  of  the  weights 
and  measures  situation  in  Philadelphia  be  presented  in  some 
detail,  together  with  specific  discussions  of  existing  laws, 


and  specific  recommendations   for  changes  and  additions. 
The  purpose  of  the  present  report  is  to  meet  this  need. 

We  have  suggested  that  the  City  of  Philadelphia  now 
has  authority  to  establish  a  Bureau  of  Weights  and  Meas- 
ures without  additional  legislation.  But  we  venture  to  sug- 
gest, also,  that  it  might  be  well  to  defer  local  action  until 
the  present  legislature  shall  have  had  opportunity  to  act 
in  the  matter.  In  default  of  such  action,  we  would  recom- 
mend that  Councils  be  requested  to  make  such  provisions 
as  may  be  made  under  existing  state  laws.  We  have  in 
preparation  for  submission  at  a  later  date,  a  tentative 
draft  of  an  ordinance  and  an  outline  of  organization  and 
procedure  for  the  proposed  bureau. 

In  view  of  the  general  public  interest  in  your  plans  for 
the  development  of  a  greater  and  better  Philadelphia,  we 
suggest  that  the  facts  presented  in  our  report  offer  a  timely 
opportunity  for  incorporating  in  your  program  a  plan  for 
the  effective  control  of  conditions  that  seriously  affect  the 
interests  of  every  member  of  this  community, — consumer 
and  honest  dealer  alike.  We  submit  our  proposal  not  as  a 
final  statement,  but  as  a  basis  for  consideration;  and  in  a 
spirit  of  cooperation,  we  offer  our  further  assistance  and 
support. 

Very  truly  yours, 

BUREAU  OF  MUNICIPAL  RESEARCH 

J.  D.  BURKS       F.  W.  POWELL 

Directors 


LETTER  OF  HON.  JOHN  E.  REYBURN,  MAYOR 
OF  PHILADELPHIA,  IN  REPLY  TO  LETTER 
OF  TRANSMITTAL 

March  4,  1911. 
BUREAU  OF  MUNICIPAL  RESEARCH, 

Philadelphia,  Pa. 
Gentlemen : — 

Your  report  on  weights  and  measures  conditions  in 
Philadelphia  indicates  that  there  is  in  this  city  a  serious 
situation  which  intimately  concerns  every  individual,  every 
family,  and  every  honest  retail  dealer.  While  there  are 
state  laws  sufficient  to  prevent  much  of  the  fraudulent 
practice  of  retailers,  there  is  no  city  official  or  department 
specifically  charged  with  the  duty  of  enforcing  such  laws 
as  are  on  the  statute  books.  It  is  evident  that  the  public 
interest  demands  effective  state  regulation  and  inspection  of 
weights  and  measures,  supplemented  by  local  regulation  and 
inspection.  Since  1883  there  has  been  no  provision  for  offi- 
cial inspection  of  this  sort,  and  it  is  not  surprising  that  some 
retailers  have  become  indifferent,  careless,  or  fraudulent  in 
practice. 

The  evidence  presented  in  this  report  makes  it  clear 
that  short  weights  and  measures  is  an  important  contrib- 
uting factor  in  the  cost  of  living,  and  that  the  loss  falls  most 
heavily  upon  those  who  are  least  able  to  bear  it. 

It  is  probable  that  city  councils  now  have  authority 
under  state  law  to  establish  a  Bureau  of  Weights  and  Meas- 
ures. Inasmuch  as  the  present  legislature  has  before  it  sev- 
eral bills  upon  this  subject,  it  seems  desirable,  however,  to 
defer  local  action  until  the  present  legislature  has  finally 
disposed  of  the  proposed  measures.  When  the  state  has 
taken  action,  provision  should  be  made  for  a  bureau  or 
division  immediately  under  the  supervision  of  the  Mayor 
to  protect  the  interests  of  consumers  and  dealers  through 
systematic  regulation  and  inspection  of  weighing  and  meas- 
uring apparatus,  and  constant  control  over  the  manner  of 
their  use.  Very  truly  yourSi 

JOHN  E.  REYBURN 

Mayor 


PREFACE 

As  stated  in  its  articles  of  incorporation,  the  con- 
structive aim  of  THE  BUREAU  OF  MUNICIPAL 
RESEARCH  is  to  provide  the  information  necessary  to 
effective  cooperation  between  citizens  and  officers  of  gov- 
ernment. It  is  suggested  that  the  problem  of  inspection 
and  regulation  of  weights  and  measures  should  receive  at- 
tention in  the  consideration  of  any  comprehensive,  con- 
structive program  for  the  city  of  Philadelphia.  It  is  the 
purpose  of  this  report  to  present  the  results  of  an  investi- 
gation of  the  local  situation,  and  to  submit  for  discussion 
such  recommendations  as  have  suggested  themselves  during 
the  progress  of  this  inquiry. 

As  is  set  forth  in  the  digest  which  constitutes  a  part 
of  this  report  (Appendix  A),  the  laws  at  present  on  the 
statute  books  are  fragmentary  and  archaic.  Nevertheless 
an  attempt  has  been  made  to  provide  for  the  protection  of 
the  community  against  short  weights  and  measures  so  far 
as  legal  prescription  is  concerned.  The  chief  fault  has 
been  the  neglect  to  locate  responsibility  for  the  execution 
of  these  laws.  In  the  absence  of  an  administrative  depart- 
ment specifically  charged  with  the  supervision  of  weights 
and  measures,  the  facts  contained  in  this  report  are  sub- 
mitted to  the  public,  and  by  publication  to  those  officials 
whose  positions  qualify  them  to  understand  their  signifi- 
cance, and  whose  interest  in  providing  for  the  needs  of  the 
community  will  make  them  most  helpful  in  seeking  and 
applying  the  remedy. 

This  is  the  first  report  that  has  been  prepared  for  pub- 
lication. Although  the  results  of  other  inquiries,  conducted 
in  the  course  of  the  last  two  years,  have  been  regularly 

7 


made  available  to  persons  in  position  of  authority,  the  theory 
has  been  that  so  long  as  a  detailed  statement  of  facts  may 
be  useful  in  removing  handicaps  under  which  administra- 
tive officers  labor,  publication  should  be  deferred  so  that 
each  completed  report  may  carry  with  it  a  record  of  accom- 
plishment. Recognizing  the  fact  that  present  conditions 
are  a  heritage  for  which  no  one  person  is  responsible,  it  is 
thought  that  efforts  of  organized  citizenship  should  be  so 
directed  as  to  aid  in  constructive  work  and  to  stand  behind 
those  who  are  seeking  to  improve  the  conduct  of  municipal 
affairs.  In  other  words,  the  assumption  is  that  citizens  and 
officers  are  jointly  responsible  for  providing  the  means 
whereby  those  charged  with  the  exercise  of  governmental 
powers  may  become  efficient  in  the  discharge  of  their  duties. 

BUREAU  OF  MUNICIPAL  RESEARCH 


8 


CONTENTS 

CHAPTER  ^  PAGE 

I.     Introduction    1 1 

.    i.     The  state  standards  of  weights  and  measures  and  what 

became  of  them  1 1 

2.  Purpose  and  scope  of  this  inquiry. 12 

3.  The  findings  of  fact 12 

4.  What  the  subject  of  weights  and  measures  means  to  the 

community 14 

II.     The   Reason    for  the   Lack   of  Inspection   of   Weights   and 

Measures  in  Philadelphia  18 

III.  The  Local  Situation  21 

1.  Coal 23 

2.  Groceries   and  provisions    31 

3.  Bread 47 

4.  Candy 48 

5.  Dry  goods 49 

6.  Milk 50 

7.  Conclusion  51 

IV.  A  Suggested  Remedy  in  Legislation 53 

1.  Standards  and  denominations  55 

2.  The  manner  of  sale  of  various  commodities  or  classes  of 

commodities    58 

3.  The   penalty   for   acts   intended   to   defraud    purchasers, 

whether  through   shortage,   substitution,  or   misrep- 
resentation         65 

4.  The  manner  of  inspection  by  administrative  officials 67 

5.  The  marking  of  net  contents  of  containers  in  terms  of 

weight,  measure,  or  numerical  count 79 

Appendix  A. 

Digest    of    laws    and    ordinances    relating    to    weights    and 

measures  in  Philadelphia 81 

Appendix  B. 

Suggestions  for  national  and  state  laws  adopted  by  the 
national  conference  on  weights  and  measures  at  the 
third  annual  conference,  May  16-17,  1907 137 

Appendix  C. 

Model  uniform  regulations  for  state  legislation  on  the  sub- 
ject of  weights  and  measures,  adopted  by  the  sixth 
annual  conference  on  weights  and  measures,  Feb- 
ruary 17-18,  1911  144 


I 

INTRODUCTION 

The  State  Standards  of  Weights  and  Measures  and  What 
.   Became  of  Them 

On  February  2,  1897,  the  Pennsylvania  state  capitol 
building  was  destroyed  by  fire.  In  the  basement  of  that 
building  was  stored  a  set  of  standard  weights  and  measures, 
which  had  been  furnished  by  the  national  government  "to 
the  end  that  a  uniform  standard  of  weights  and  measures 
may  be  established  throughout  the  United  States."  This 
set,  like  those  furnished  to  the  other  states,  consisted  of 
upwards  of  a  hundred  pieces.  It  comprised  weights  of 
brass  and  of  silver  wire,  ranging  from  fifty  pounds  avoir- 
dupois to  one-ten-thousandth  of  an  ounce  troy,  and  from 
one  myriagram  to  one  milligram  in  the  metric  system ;  a 
yard  and  two  meters ;  and  brass  capacity  measures,  consist- 
ing of  one  half-bushel,  liquid  measures  ranging  from  a 
gallon  to  a  half-pint,  and  a  liter  and  a  decaliter  in  the  metric 
system.  There  were  also  three  even-arm  balances. 

The  secretary  of  the  commonwealth  is  charged  by  stat- 
ute with  the  care  and  custody  of  these  standards,  but  after 
the  destruction  of  the  capitol,  the  greater  part  of  the  set 
passed  out  of  the  control  of  the  state.  Some  of  the  stand- 
ards were  mutilated  and  partly  destroyed ;  others,  it  is 
understood,  were  recovered;  the  rest  passed  into  private 
hands.  How  this  was  effected,  is  not  within  the  scope  of 
this  report.  It  is  sufficient  to  say  that  until  1910  the  brass 
weights  and  the  capacity  standards,  together  with  one  of 
the  balances,  were  stored  in  a  building  which  is  within  sight 
of  the  state  capitol.  They  were  then  sold  as  junk  to  a 
Harrisburg  brass  founder,  and  most  of  them  were  melted 
and  recast  in  other  forms.  THE  BUREAU  OF  MU- 
NICIPAL RESEARCH,  on  September  28,  1910,  bought 
of  this  lot,  the  pound  troy  and  the  pound  avoirdupois  stand- 
ard weights.  At  that  time  there  were  also  available,  the 

I  T 


twenty-five  pound  and  the  fifty  pound  weights.  The  pound 
standards  have  been  since  identified  by  the  national  bureau 
of  standards  as  belonging  to  the  state  set. 

Purpose  and  Scope  of  This  Inquiry 

Possessed  of  two  of  the  fundamental  standards,  THE 
BUREAU  OF  MUNICIPAL  RESEARCH  undertook  to 
inquire  into  the  weights  and  measures  situation  in  Philadel- 
phia, in  order  to  learn  to  what  extent  the  purchaser  of  com- 
modities at  retail  receives  the  full  weight  or  measure  for 
which  he  pays.  It  was  first  necessary  to  ferret  out  and  to 
classify  the  legal  provisions  relating  to  the  subject,  and 
these  were  scattered  through  the  statutes  of  the  common- 
wealth and  the  ordinances  of  the  city.  The  result  was  a 
digest  (See  Appendix  A),  which  sets  forth  the  law, and 
singles  out  the  public  officials  who  are  charged  with  its 
enforcement.  The  next  step  was  to  procure  two  scales  and 
a  set  of  standard  weights  and  measures  of  Fairbanks  make, 
which  bear  the  official  seal  of  the  New  York  City  bureau 
of  weights  and  measures.  Thus  equipped,  it  remained  only 
to  purchase  throughout  the  city,  commodities  of  a  sort 
which  are  in  constant  demand  in  every  household,  and  to 
test  the  accuracy  of  their  weight  or  measure  by  means  of 
the  sealed  standards. 

The  Findings  of  Fact 

Altogether,  purchases  were  made  from  494  dealers; 
no  two  purchases  of  the  same  commodity  were  made  from 
any  one  dealer,  but  in  a  few  cases  several  purchases  of  dif- 
ferent varieties  were  made  in  a  single  store.  Stores  were 
visited  practically  at  random,  it  being  the  purpose  to  test 
both  large  and  small  dealers  in  representative  sections  of 
the  city.  The  results  of  these  tests  are  sufficiently  striking 
when  stated  in  summary  form.  Of  200  samples  of  goods 
bought  by  linear  measure,  116,  or  58  per  cent,  were  short; 
and  of  fifty  samples  of  dry  measure  commodities,  forty- 

12 


: 


six,  or  92  per  cent,  were  short.  Weight  tests  were  made 
of  groceries  and  provisions,  and  of  coal  of  domestic  size. 
Of  225  samples  of  groceries,  158,  or  70.2  per  cent,  showed 
a  shortage;  and  of  ten  samples  of  fresh  meats,  six,  or  60 
per  cent,  were  short.  Fifteen  tons  of  coal  were  bought  from 
as  many  dealers.  Only  one  contained  the  2240  pounds  re- 
quired by  law,  the  shortage  ranging  from  nineteen  pounds 
to  393  pounds.  Expressed  relatively,  the  shortage  on  the 
total  amount  purchased  was  6.  i  per  cent.  What  this  means 
in  dollars  and  cents  cannot  be  determined,  but  it  can  be 
safely  left  to  conjecture. 

From  an  administrative  point  of  view,  the  facts  are 
quite  as  striking.  There  is  no  official  in  the  city  of  Phila- 
delphia who  is  specifically  required  by  law  to  give  attention 
to  the  subject  of  weights  and  measures,  except  the  market 
clerks  in  the  two  market  houses  belonging  to  the  city.  In  the 
absence  of  state  inspection  and  of  a  set  of  state -standards; 
with  the  law  in  a  fragmentary  and  chaotic  condition,  obso- 
lete in  some  particulars  and  impracticable  in  others;  there 
need  be  no  surprise  that  little  has  been  done.  It  is  true  that 
in  May  1908  the  city  purchased  a  set  of  standard  apparatus, 
weights,  and  measures.  This  was  first  turned  over  to  the 
city  commissioners,  but  subsequently  placed  in  the  custody 
of  the  department  of  public  safety,  in  order  to  provide 
means  for  testing,  for  official  evidence,  the  weight  or 
measure  of  any  package  which  might  be  brought  into  court 
in  a  case  involving  the  question  of  shortage.  If  anyone 
wishes  he  may  take  his  scales,  weights,  and  measures  to 
City  Hall,  and  have  them  compared  with  the  standards,  but 
there  seem  to  be  few  who  know  of  this  privilege,  and  none 
who  have  exercised  it. 

In  the  succeeding  pages  an  attempt  will  be  made  to 
show  how  this  condition  of  affairs  affects  the  consumer,  or 
in  other  words  the  entire  community.  The  nominal  price 
will  be  considered  in  its  relation  to  shortage,  and  from  these 
factors  the  actual  cost  of  specific  commodities  will  be  deter- 
mined. Throughout  the  report,  excess  and  even  weight  or 


measure  will  be  shown  along  with  shortage,  in  order  that 
the  whole  truth  may  be  known. 

In  the  conduct  of  this  investigation,  THE  BUREAU 
OF  MUNICIPAL  RESEARCH  did  not  attempt  to  pass 
upon  the  mechanical  accuracy  of  weighing  and  measuring 
apparatus,  except  to  the  extent  that  is  possible  for  any 
purchaser  possessed  of  ordinary  powers  of  observation.  To 
have  engaged  technical  experts  would  not  have  been  diffi- 
cult; but  without  authority  to  make  detailed  examinations 
of  apparatus,  it  is  apparent  that  no  person,  however  expert, 
could  have  detected  anything  more  than  the  most  obvious 
defects.  This  being  the  case,  it  was  necessary  to  look  to 
some  governmental  agency  for  assistance;  and  this  was 
found  in  the  national  bureau  of  standards,  which  in  August 
1909  conducted  an  extensive  investigation  in  Philadelphia. 
It  is  possible,  therefore,  to  bring  the  findings  of  these  two 
investigations  together  in  this  report,  and  so  present  a  true 
and  comprehensive  statement  of  the  situation. 

What   the   Subject   of   Weights   and    Measures    Means    to 
the  Community 

It  will  contribute  to  a  better  understanding  of  the  sub- 
ject, however,  first  to  consider  in  a  general  way  how  closely 
the  inspection  of  weights  and  measures  is  related  to  other 
inspection  services  already  performed  by  the  city  and  si  ate. 
and  how  closely  it  is  related  to  two  subjects  of  ackin mi- 
edged  importance, — cost  of  living  and  standards  of  busi- 
ness morality. 

Experience  has  proved  that  the  individual  citizen  can- 
not protect  himself  in  the  purchase  of  food  products  and 
many  other  necessities  of  life.  This  is  particularly  true  of 
the  citizen  of  a  large  city,  where  conditions  of  living  are 
exceedingly  complex.  It  is  in  recognition  of  this  fact  that 
there  have  been  established  in  Philadelphia  and  in  other 
large  cities,  systems  of  inspection  of  milk  and  of  meat. 
Some  cities  are  enlarging  their  inspection  services  to  in- 
clude all  commodities  prepared  or  offered  for  sale  as  food. 

M 


In  Pennsylvania,  the  state  department  of  health,  the  state 
livestock  sanitary  board,  and  the  dairy  and  food  division  of 
the  state  department  of  agriculture  are  actively  concerned 
with  the  problem  of  protecting  the  health  and  lives  of  the 
people  by  looking  to  the  quality  of  food. 

But  there  is  need  also  to  see  to  it  that  the  quantity  as 
well  as  the  quality  of  commodities  be  insured.  The  states 
of  Massachusetts,  Rhode  Island,  New  York,  and  Kansas,  the 
District  of  Columbia,  and  the  cities  of  Boston,  New  York, 
Rochester,  Newark,  Baltimore,  Detroit,  Chicago,  Milwau- 
kee, Minneapolis,  St.  Louis,  and  Denver  have  inaugurated 
systems  of  inspection  of  weights  and  measures.  Vermont, 
\Yashington,  and  Oregon  have  recently  enacted  laws  on  the 
subject ;  and  bills  are  to  be  considered  by  the  legislatures  of 
New  Jersey,  Illinois,  Wisconsin,  Oklahoma,  and  California 
during  the  present  year.  Pittsburgh  has  recently  passed  an 
ordinance,  but  has  not  yet,  begun  the  active  work  of  inspec- 
tion. This  is  evidence  that  the  importance  of  the  subject 
is  being  widely  recognized.  Weights  and  measures  enter 
into  practically  every  business  transaction;  and  in  the  ab- 
sence of  an  effective  inspection  service,  a  premium  is  put 
upon  dishonesty.  Cheating  by  short  weights  and  measures 
has  long  been  recognized  as  a  criminal  offence  at  the  com- 
mon law,  but  this  of  itself  has  not  served  to  protect  the 
interest  of  the  purchaser.  It  would  seem  almost  as  if  pur- 
chasers, alert  to  the  slight  possibility  of  receiving  short 
change,  rather  expect  to  receive  short  weight  or  measure  as 
a  matter  of  course.  At  all  events,  they  seldom  look  at  the 
scales  or  measures  when  they  buy,  or  attempt  to  test  their 
commodities  in  their  homes.  Few  families  possess  the"  accu- 
rate scales  and  measures  necessary  to  intelligent  manketing. 
In  fact,  unintelligent  marketing  is  one  of  the  great  causes 
of  short  weights  and  measures.  The  desire  to  buy  at  the 
cheapest  price,  and  the  disposition  to  object  to  any  increase 
in  retail  prices  to  correspond  to  increases  in  wholesale  prices, 
puts  a  temptation  in  the  way  of  the  retail  dealer,  who  natu- 
rally wishes  to  keep  his  trade  and  at  a  profit.  The  chief 

15 

29476—2 


sufferers  are  the  poor,  who  purchase  frequently  and  in  small 
quantities;  for  a  slight  shortage  means  proportionately 
more  on  a  small  purchase.  It  is  true  that  in  most  instances 
the  absolute  loss  is  not  great,  but  for  a  whole  city  over  a 
period  of  years  the  aggregate  loss  is  necessarily  enormous. 
Furthermore,  it  is  unnecessary.  Some  offences  must  always 
be  expected,  however  comprehensive  the  law  or  efficient  the 
inspection,  but  experience  shows  that  they  can  be  kept  at 
a  minimum  only  by  means  of  an  active  body  of  inspectors. 
It  has  been  stated  upon  competent  authority  that  from 
the  point  of  view  of  the  dealer,  short  weights  and  measures 
are  due  to  three  causes:  ignorance,  negligence,  and  intent; 
and  further,  that  95  per  cent,  is  due  to  either  ignorance  or 
negligence.  It  is  submitted,  however, .  that  ignorance  or 
negligence  which  results  in  loss  to  an  innocent  and  unpro- 
tected purchaser  bears  a  close  resemblance  to  dishonesty. 

But  admitting  as  we  do  that  the  average  retail  dealer 
is  honest,  it  is  a  matter  of  public  concern  that  he  be  pro- 
tected from  the  sharp  practices  of  competitor^  and  from 
"trade  customs"  1  which  permit  the  manufacturer  and  the 
wholesaler  to  include  the  weight  of  the  container  in  the 
billed  weight  of  the  commodity.  Few  retail  dealers  have 
any  technical  knowledge  of  scales,  and  some  have  scales 
which  favor  the  customer  and  so  cause  them  a  loss  on  every 
sale.  There  have  been  cases  in  which  business  houses  have 
lost  large  amounts  because  their  own  scales,  used  to  weigh 
incoming  materials,  have  favored  the  person  from  whom 
they  bought.  For  the  dealer  who  is  susceptible  to  tempta- 
tion qr  positively  inclined  to  dishonesty,  there  are  unscrupu- 
lous manufacturers  of  scales,  who  are  willing  to  show  him 
how  to*  increase  his  profits  by  adjusting  a  screw  or  altering 
a  spring  or  a  beam,  or  to  include  the  weight  of  tin-  wrap- 

1  "The  manner  of  sale  of  commodities  is  supposedly  regulated  by  the 
flexible  term  'custom  of  trade.'  Custom  of  trade  should  and  does  mean  the 
custom  of  the  majority  of  honest  and  intelligent  tradesmen.  Such  custom  should 
be  respected  and  legalized  for  their  protection.  The  dealer,  large  or  small, 
who  uses  the  term  as  a  cloak  for  dishonest  practice  should  not  benefit  to  the 
detriment  of  the  majority  of  his  honest  competitors.  For  these  reasons  the 
manner  of  sale  of  certain  commodities  should  be  established  by  law." — Report 
of  the  New  York  State  Superintendent  of  Weights  and  Measures,  Jan.  16, 
1911:  II. 

16 


s*    > 


=§  § 


3 

cu 

"1 
X 

CfQ 


"FW 


ping  paper  or  other  container  in  the  weight  of  the  commod- 
ity without  attracting  the  attention  of  the  purchaser.  But 
here  too,  it  must  be  said  that  most  manufacturers  of  scales 
are  honest,  and  furthermore,  that  many  of  them  are  most 
ardent  advocates  of  public  regulation  and  inspection  of 
weights  and  measures.  The  second-hand  metal  dealers 
should  not  be  overlooked  in  this  connection.  As  inspection 
becomes  more  strict  in  any  city  or  state,  or  as  regulations 
bar  out  certain  types  of  scales,  large  quantities  of  scales  are 
discarded  in  anticipation  of  the  coming  of  an  inspector, 
but  they  are  not  destroyed;  they  are  sent  out  of  the  juris- 
diction and  distributed  in  other  cities  and  states  where  their 
use  is  still  tolerated.  New  Jersey  has  become  actively  in- 
terested; New  York  has  excellent  laws  and  effective  state 
supervision;  and  throughout  the  state  of  Ohio  there  is 
more  or  less  activity.  The  application  to  Philadelphia  and 
to  Pennsylvania  is  apparent. 


II 

THE  REASON  FOR  THE  LACK  OF  INSPECTION 
OF  WEIGHTS  AND  MEASURES  IN  PHILA- 
DELPHIA 

The  public  in  Philadelphia  is  generally  uninformed  as 
to  the  weights  and  measures  situation  in  this  city,  where 
there  has  been  no  inspection  since  1883,  when  a  law  was 
passed  repealing  all  provisions  for  the  appointment  of  state 
sealers  (8  Mar.,  1883,  P.  L.  6.),  thus  making  ineffective  a 
large  part  of  the  legislation  relating  to  the  subject.  This 
was  done  partly  because  of  the  sealers'  practice  of  charging 
excessive  and  illegal  fees,  and  partly  because  of  a  mistaken 
idea  of  a  reform  state  administration.  In  the  message 
advising  this  action,  however,  Governor  Pattison  did  not 
propose  that  the  work  of  inspection  should  be  abandoned. 
He  objected  to  the  sealers  because  their  petty  frauds  upon 
the  dealers  had  made  them  obnoxious  to  the  people,  and 
because  he  thought  that  their  duties  might  be  performed 
by  the  police  officers  without  extra  cost  to  the  city.  "They 
affect  matters  purely  of  police  regulation,"  said  he,  "and, 
in  cities  like  Philadelphia  and  Pittsburgh,  with  hundreds  of 
policemen,  the  duties  could  readily  be  performed  by  those 
officers  without  cost  to  the  people"  (Senate  Journal,  1883: 
241.)  It  has  not  required  the  twenty-eight  years  since  that 
message  was  written  to  demonstrate  the  fact  that  although 
the  inspection  of  weights  and  measures  is  a  police  function, 
it  requires  for  its  effective  performance,  a  separately  organ- 
ized body  of  technically  trained  men,  such  as  are  engaged  in 
the  work  of  boiler  inspection,  building  inspection,  or  sup- 
pression of  truancy.  An  attempt  was  made  in  1895  to  re- 
establish a  system  of  inspection  in  cities  of  the  first  and 
second  classes  (26  June,  1895,  P-  L.  386.),  but  the  law  was 
declared  unconstitutional  upon  technical  grounds  (Com- 
monwealth v.  Brown,  7  Dauphin  County  Reporter,  235.) 
Bills  have  been  since  introduced  in  the  state  legislature,  but 

18 


largely  because  of  the  mistake  of  attempting  to  adopt  the 
archaic  and  obnoxious  fee  system,  no  law  has  been  enacted. 
Cities  of  the  second  class  (7  Mar.,  1901,  art.  19,  §3,  cl.  28, 
P.  L.  40,  44.)  and  cities  of  the  third  class  (23  May,  1889, 
art.  5,  §3,  cl.  31,  P.  L.  286,  292.)  have  charter  authority 
to  enact  ordinances  ""to  regulate  the  weighing  and  measur- 
ing of  every  commodity  sold  in  the  city,  in  all  cases  not 
otherwise  provided  by  law ;  to  provide  for  and  regulate  the 
inspection  and  weighing  of  hay,  grain,  and  coal,  and  the 
measuring  of  wood  and  fuel,  to  be  used  in  the  city,  and  to 
designate  the  place  or  places  of  the  same;  and  to  regulate 
and  prescribe  the  place  or  places  for  exposing  for  sale  hay, 
coal  and  wood,  and  to  demand  and  receive  reasonable  fees 
for  inspection,  weighing  and  measuring,  as  aforesaid,  and 
for  the  regulation  and  stamping  of  weights  and  measures." 
And  boroughs  are  similarly  authorized  "to  regulate  annu- 
ally the  scales,  weights,  and  measures  within  the  borough, 
according  to  the  standard  of  the  commonwealth"  (3  Apr., 
1851,  §2,  cl.  12,  P.  L.  321.)  There  is,  however,  no  similar 
provision  in  the  laws  applying  to  Philadelphia  as  the  only 
city  of  the  first  class.  This  is  not  without  its  advantages; 
for  in  the  absence  of  a  body  of  inspectors  already  in- 
trenched in  office,  and  with  no  established  procedure  with 
its  defenders  ready  to  offer  objections  to  suggested  changes, 
proposed  weights  and  measures  legislation  for  Philadelphia 
can  be  considered  solely  on  its  merits. 

It  is  submitted  that  under  existing  statutes,  the  city  of 
Philadelphia  has  power  to  establish  a  bureau  of  weights  and 
measures.  Section  16  of  the  act  of  March  n,  1789,  entitled 
"An  act  to  incorporate  the  city  of  Philadelphia"  provides 
that : 

The  mayor,  .  .  .  and  .  .  .  councilman,  .  .  .  shall  have  full 
power  and  authority  to  make,  ordain,  constitute  and  establish,  such 
and  so  many  laws,  ordinances,  regulations  and  constitutions,  (pro- 
vided the  same  shall  not  be  repugnant  to  the  laws  and  constitution 
of  this  commonwealth,)  as  shall  be  necessary  or  convenient  for 
the  government  and  welfare  of  the  city,  and  the  same  to  enforce, 

19 


put  in  use,  and  execution,  by  the  proper  officers,  and  at  their  pleas- 
ure to  revoke,  alter  and  make  anew,  as  occasion  may  require 
(2  Smith's  Laws,  467.  See  also  I  June,  1885,  art.  2,  §i,  P.  L.  39, 
and  art.  16,  P.  L.  54.) 

That  the  general  power  so  conferred  upon  the  city  is 
sufficient  to  authorize  the  creation  of  a  bureau  of  weights 
and  measures,  would  seem  to  be  established  beyond  dispute 
by  O'Maley  v.  Borough  of  Freeport1  (96  Pa.,  24.)  and 
Philadelphia  v.  Brabender  (201  Pa.,  574.) 

The  subject,  however,  undoubtedly  one  of  the  most 
important  within  the  scope  of  municipal  activity,  is  too 
large  to  consider  from  the  standpoint  of  a  single  city. 
There  are  many  laws  on  the  statute  books  which  do  not 
fit  present  conditions,  and  some  of  which  were  never  practi- 
cable ;  and  there  are  many  conditions  demanding  remedy  for 
which  there  is  no  legal  provision.  Furthermore,  there  is 
throughout  the  state,  a  growing  recognition  of  the  need  for 
a  uniform  and  comprehensive  law  or  series  of  laws  which 
will  effectually  promote  honest  weights  and  measures  in 
every  city  and  borough. 

1"i.  Where  an  act  incorporating  a  borough  confers  upon  the  authorities 
all  powers  necessary  'for  the  well  ordering  and  better  government  of  said 
borough,'  the  power  conferred  is  sufficiently  comprehensive  to  cover  every 
regulation  necessary  for  the  government  of  the  borough  and  protection  of  its 
citizens,  and  the  only  limitation  of  this  power  is  that  it  must  he  cxerci 
a  reasonable,  lawful  and  constitutional  manner.  If  these  limitations  are  not 
transgressed  courts  cannot  interfere  with  the  ordinances  of  such  a  municipality, 
for  the  burgess  and  council  will  be  left  tft  a  reasonable  discretion,  and,  for 
the  proper  and  wholesome  exercise  thereof  they  are  accountable,  not  to  the 
courts,  but  to  the  people  they  represent. 

"2.  An  ordinance  of  said  borough  requiring  people  to  buy  and  sell  coal 
by  weights  and  measures  is  reasonable,  lawful  and  constitutional. 

"3.     An    ordinance   of    said    borough    requiring   the    payment    of    five    cents 
per   load   for   weighing  coal   bought   and   sold  and   the   use   of   the  borough 
is  not  in  the  nature  of  a  tax  and  is  within  the  charter  powers  of  the  borough." 
—Syllabus. 


20 


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Ill 

THE    LOCAL   SITUATION1 

The  working  equipment  used  in  the  tests  which  arc 
reported  in  this  chapter  consisted  of  the  following  stand- 
ards and  apparatus :  a  set  of  brass  dry  capacity  measures 
ranging  from  one  half-bushel  to  one  quart;  a  set  of  brass 
liquid  capacity  measures  ranging  from  one  gallon  to  one 
half-pint;  a  brass  yard;  sealers'  agate-bearing  even-arm 
trip  scales,  sensitive  to  one  sixty-fourth  of  an  ounce,  with 
brass  weights  ranging  from  eight  pounds  to  one-sixteenth 
of  an  ounce ;  a  platform  scale  of  650  pounds  capacity,  grad- 
uated to  one- fourth  of  a  pound ;  a  Chatillon  spring-balance ; 
a  Gurley  cubic-inch  glass  graduate ;  a  Starrett  depth  gage 
of  steel,  graduated  in  thirty-seconds  and  sixty-fourths  of 
an  inch ;  and  a  Starrett  pocket  level. 

The  procedure,  which  was  as  uniform  as  practicable 
throughout  the  investigation,  followed  along  three  main 
steps:  (i)  purchase,  (2)  re-weighing  or  re-measuring,  and 
(3)  recording  the  facts.  As  soon  as  a  commodity  or  article 
was  purchased,  a  tag  was  attached  for  identification  and  for 
the  full  record  of  the  test.  This  tag  bore  a  printed  form, 
providing  for:  the  name  of  the  commodity  or  article;  the 
quantity  purchased ;  the  price ;  the  name,  address,  and  busi- 
ness of  the  dealer ;  the  name  of  the  investigator  making  the 
purchase,  and  the  date  and  hour  of  the  purchase ;  the  initials 
of  the  investigator  who  conducted  the  re-weighing  or  re- 
measuring,  with  the  date  and  hour  and  the  result  of  the 
re-weighing  or  re-measuring;  and  the  initials  of  another 
investigator  who  checked  this  result,  together  with  the  cor- 
responding details.  There  was  also  provision  for  the  re- 
cording of  the  type  and  make  of  scales,  with  the  reading 
both  before  and  after  the  purchase  was  put  on  the  pan;  the 

irThe  tests  upon  which  this  chapter  is  based  were  conducted  under  the 
immediate  supervision  of  Mr.  Paul  E.  Taylor. 

2T 


type  of  capacity  measure,  with  particulars  as  to  whether 
the  commodity  was  seen  to  be  scant,  level,  well  rounded,  or 
heaping;  and  the  type  of  linear  measure,  with  particulars 
as  to  whether  the  dealer  was  seen  to  give  scant,  even,  or 
liberal  measure.  (See  illustrations  on  opposite  page.) 

In  the  case  of  coal  tests,  the  method  was  necessarily 
different.  When  coal  was  purchased  in  ton  lots,  it  \vas 
removed  from  the  wagon  and  placed  in  a  large  can  which 
would  hold  about  one-fourth  of  a  ton.  Whenever  possible 
the  coal  was  shot  directly  into  the  can,  and  if  the  coal  had 
to  be  carried,  it  was  emptied  into  this  can  bag  by  bag.  The 
coal  was  weighed  on  the  platform  scales  by  an  investigator, 
and  the  result  verified  by  another  investigator,  or  by  the 
driver  himself.  After  a  deduction  had  been  made  to  rep- 
resent the  tare  weight  of  the  can,  the  result  was  recorded 
both  upon  the  return  part  of  the  delivery  slip,  when  one  was 
received,  and  upon  the  memorandum  of  the  investigator. 
From  this  memorandum  was  prepared  a  full  report  of  the 
test.  When  coal  was  purchased  by  the  bucket,  the  bucket 
was  weighed  when  full  and  when  empty,  on  a  spring  bal- 
ance, and  a  memorandum  and  report  prepared  as  above 
described.  The  spring  balance  was  not  sealed,  but  it  was 
tested  by  means  of  the  sealed  weights. 

Three  investigators  were  regularly  engaged  in  the  in- 
vestigation ;  holding  interviews,  making  purchases,  and 
conducting  tests.  Some  of  the  tests  were  checked  by  other 
members  of  the  staff  under  proper  supervision. 

The  national  bureau  of  standards  report,  the  essential 
parts  of  which  are  reproduced  in  this  chapter,  was  prepared 
by  two  experts  who  conducted  an  independent  investigation 
in  Philadelphia  in  August,  1909,  These  men  have  made 
investigations  of  the  weights  and  measures  conditions  in 
cities  in  all  parts  of  the  country,  as  regular  members  of  the 
staff  of  that  governmental  bureau  to  which  scientists,  engi- 
neers, and  manufacturers  of  instruments  of  precision,  look 
for  the  final  word  concerning  matters  of  physical  measure- 

22 


BUREAU    OF    MUNICIPAL    RESEARCH 


• 


merit.  Their  findings  cannot  be  successfully  challenged, 
therefore,  whether  upon  grounds  of  prejudice,  improper 
motive,  sensationalism,  or  incompetency. 

Coal 

It  was  not  necessary  to  make  tests  in  order  to  deter- 
mine that  the  condition  of  the  retail  coal  trade  is  most 
unsatisfactory  both  to  the  consumer  and  to  the  honest  dealer. 
Interviews  with  dealers  uniformly  brought  out  the  infor- 
mation that  competition  is  keen,  that  prices  cannot,  be  main- 
tained, and  that  profits  are  so  low  as  to  make  the  giving  of 
short  weight  only  too  general.  Few  of  the  dealers  inter- 
viewed were  disposed  to  talk  freely,  but  one  volunteered 
the  statement  that  if  a  customer  wanted  a  ton  of  coal  at  $6, 
he  would  take  the  order,  but  he  would  very  likely  give  short 
weight.  The  Philadelphia  coal  exchange  recommends 
schedules  of  retail  prices,  but  these  prices  are  not  generally 
followed,  even  by  its  own  members.  The  customary  prices 
are  fifty  cents  below  those  recommended  for  coal  of  do- 
mestic size,  and  twenty-five  cents  below  for  pea  coal,  and 
some  dealers  sell  at  twenty-five  cents  below  the  customary 
price.  Throughout  the  retail  coal  trade  it  is  understood 
that  certain  dealers  give  short  weight ;  for  when  it  is  known 
what  facilities  are  available  for  handling  the  coal  in  bulk 
and  what  it  costs  at  the  siding  or  wharf,  it  is  only  natural 
to  conclude  that  a  dealer  who  cuts  rates  unduly  must  either 
lose  money  or  deliver  short  weight. 

In  addition  to  the  large  dealers,  most  of  whom  have 
yards  with  pockets  with  direct  access  to  rail  or  water  trans- 
portation, there  are  others  who  buy  from  the  large  dealers 
and  sell  by  the  load.  They  are  called  "loaders,"  for  they 
sell  by  the  load  and  not  by  the  ton,  in  an  attempt  to  protect 
themselves  from  the  possibility  of  prosecution  for  giving 
short  weight.  They  will  buy  from  the  yards  a  load  con- 
taining about  a  short  ton  of  2000  pounds,  or  even  a  smaller 
quantity,  and  the  person  who  receives  the  load  is  left  to 
assume  that  he  gets  a  full  ton.  Their  business  is  principally 


•with  the  poor,  who  pay  at  the  rate  of  $2  down,  and  the  bal- 
ance in  installments  of  a  dollar  a  week.  As  might  be  ex- 
pected, collection  of  the  last  two  installments  is  difficult  and 
uncertain.  It  is  not  surprising,  under  these  circumstances, 
that  the  "loaders"  are  generally  suspected  of  sharp  prac- 
tices; but  while  an  attempt  has  been  made  within  the  coal 
exchange  to  put  a  stop  to  the  sale  of  coal  to  "loaders"  or 
to  peddlers  in  less  than  half-ton  loads,1  it  has  not  succeeded 
because  of  opposition  of  some  of  the  members. 

Peddlers  buy  from  the  yards  in  small  lots  ranging  from 
one  hundred  pounds  to  a  short  ton.  They  often  buy  pea 
coal,  which  is  $2  a  ton  cheaper  at  the  yards,  and  mix  stove 
coal  or  nut  coal  with  pea  coal,  and  sell  the  product  at  eight 
cents  a  bucket.  Shamokin  coal  runs  thirty-two  bushels  to 
the  ton,  and  Lehigh  coal,  twenty-eight.  Peddlers,  there- 
fore, sometimes  sell  Shamokin  coal,  which  resembles  Lehigh 
coal  closely  enough  to  deceive  the  purchaser,  and  so  add  to 
their  profits.  This  also  applies  to  the  small  stores  which 
sell  coal  by  the  bucket.  As  peddlers  pay  cash  for  their  coal 
at  the  yards,  their  trade  is  not  unwelcome  to  many  of  the 
large  dealers;  but  some  yards  will  sell  only  to  peddlers 
whom  they  believe  to  be  honest,  and  others  will  not  sell  to 
any  peddlers  or  in  small  lots. 

It  is  not  the  practice  of  "loaders"  to  give  delivery  slips 
when  delivering  coal,  and  even  among  the  large  dealers  the 
practice  is  not  universal.  Some  dealers  prepare  a  slip  in 
duplicate,  keeping  one  copy  and  sending^  the  other  to  the 
purchaser  who  signs  it  and  returns  it  by  the  driver.  Others 
send  two  copies  with  each  load,  one  to  be  retained  by  the 
purchaser,  and  the  other  to  be  signed  and  returned.  These 
slips,  however,  have  "TON  (2240  Ibs.)"  printed  on  them, 
with  a  blank  space  for  the  number  of  tons,  and  the  pur- 
chaser has  no  information  as  to  gross  or  tare  weights. 

1  "Resolved:  Under  no  circumstances  will  any  member  of  the  Philadelphia 
Coal  Exchange  sell  or  deliver  to  chute  wagons,  operated  by  non-members,  a 
quantity  of  anthracite  coal,  less  than  a  gross  ton  (2240  Ibs.),  a  half-ton  (uao 
Ibs.),  or  multiples  thereof.  It  being  the  purpose  to  prevent  the  selling  of 
short  weight  to  customers." 

24 


APPARATUS  USED  IN  COAL  TESTS 

Scales  officially  sealed  by  the  Bureau  of  Weights  and  Measures  of 
New  York  City.     Iron  can  holds  about  one-quarter  of  a  ton. 


It  would  have  been  possible,  after  a  series  of  interviews, 
to  prepare  a  list  of  dealers  suspected  of  giving  short  weight, 
and  to  make  test  purchases  with  this  list  as  a  guide.  This 
plan  was  not  adopted;  but  instead,  purchases  were  made 
throughout  the  city,  from  both  large  dealers  and  small  deal- 
ers, and  in  most  instances  from  dealers  who  are  generally 
believed  to  be  honest.  It  was  originally  planned  to  buy 
-coal  from  several  of  the  dealers  supplying  the  congested 
sections  of  the  city,  and  a  house  in  the  neighborhood  of 
Thirteenth  and  Christian  streets  was  leased.  But  after  two 
tests,  the  suspicion  of  a  nearby  dealer  was  aroused,  and  it 
was  decided  to  stop.  Arrangements  were  then  made  with 
intending  purchasers  to  allow  their  coal  to  be  re-weighed 
upon  delivery.  In  many  instances,  the  purchaser  chose  the 
dealer  from  whom  he  had  been  buying  his  coal ;  in  others, 
the  order  was  placed  with  a  dealer  chosen  by  the  investi- 
gators. Altogether,  fifteen  tests  were  made,  with  the  result 
shown  in  Table  i,  and  graphically  set  forth  in  Exhibit  I. 

Table   i,  Showing  Excess  and  Shortage  Received  in  Ten 
Purchases  of  Coal  of  Household  Size 


Test 

Kind  of  Coal 

Quantity 
Ordered 
and  Paid 
For 

Quantity 
Delivered 

Loss  to  Dealer 

Loss  to  Customer 

Pounds 

Per  cent 

Pounds 

Per  cent 

I 

Stove 

2240  Ibs. 

1965  Ibs. 

275 

I  2.2 

2 

Stove 

2240    " 

2209     " 

31 

1-3 

3 

Stove 

2240    " 

1847     « 

393 

J7-5 

4 

Pea 

2240    " 

2010      " 

230 

10.2 

5 

.  Chestnut 

2240    t( 

2102       " 

138 

6.1 

6 

Stove 

2240    " 

1955      " 

*85 

12.7 

7 

Chestnut 

2240    " 

2037      " 

203 

9.0 

8 

Stove 

2240    '•' 

2109      " 

I31 

5-8 

9 

Pea 

2240    " 

2079      " 

161 

7-i 

10 

Chestnut 

2240    " 

2174      " 

66 

2.9 

IT 

Chestnut 

2240    " 

2173      - 

67 

2.9 

12 

Egg 

559    " 

Driver 

refused  to 

weigh 

bal.ofload 

'3 

Egg 

2240    " 

2221       " 

19 

.8 

14 

Egg 

2240    " 

2178      " 

62 

2.7 

IS 

Egg 

2240    " 

2381       "          141 

6.2 

Tests  are  given  in  the  order  in  which  they  were  made. 
It  will  be  noticed  that,  with  the  exception  of  Test  2,  there 
was  a  consistent  shortage  in  excess  of  the  variation  of  forty 
pounds  allowed  by  law  until  Test  12  was  made.  This  test 
failed;  but  in  one  sense  it  was  most  successful.  The  par- 
ticulars are  of  sufficient  importance  to  present  in  some  de- 
tail. 

On  January  23  an  order  was  placed  with  a  firm  which 
charges  full  prices  for  its.  coal,  and  gives  trading  stamps. 
After  one  draft  of  559  pounds  had  been  weighed  on  Janu- 
ary 24,  the  driver  refused  to  deliver  the  rest  of  the  load, 
and  maintained  that  the  coal  had  been  weighed  at  the  yard 
and  that  the  purchaser  had  no  right  whatsoever  to  weigh 
it  again.  The  next  day  the  firm  sent  to  the  person  in  whose 
name  the  coal  had  been  ordered,  a  letter  as  follows: 

"We  are  extremely  sorry  that  our  driver  took  the  posi- 
tion that  he  did  at  your  house  when  he  found  that  you  were 
weighing  the  ton  of  coal  that  we  sent  there.  Of  course 
we  have  no  objections  to  your  weighing  coal  that  we  de- 
liver to  you  any  time  that  you  see  fit  to  do  so,  but  our  driver 
thinking  that  the  weight  of  the  coal  would  not  come  out 
correct  the  way  you  were  weighing  it  on  small  scales  and 
in  small  sections  took  it  upon  himself  to  protect  us  in  the 
matter.  Of  course  we  agree  with  our  driver  and  have 
every  reason  to  believe  that  weighing  out  a  ton  of  coal  the 
way  you  were  doing  it  on  small  scales  and  in  a  number  of 
drafts  that  the  result  would  not  be  the  same  as  you  would 
obtain  if  it  were  weighed  on  scales  similar  to  ours  where  it 
was  weighed  before  being  sent  to  you.  This  is  to  advise 
that  you  are  at  perfect  liberty  to  weigh  coal  that  we  send 
to  you  at  any  time  but  we  will  not  be  responsible  for  any 
difference  in  the  weight  over  or  short  if  weighed  in  the 
manner  selected  by  you — on  small  scales  in  a  number  of 
drafts.  However  if  you  wish  to  do  so  again  at  any  time 
we  would  be  very  much  pleased  to  have  our  representative 
present  when  you  do  so  to  satisfy  ourselves  that  we  are 
correct  in  the  position  that  we  take,  and  it  would  be  to  the 

26 


U.fc%  SHORT 


JO.e  /»  SHOTCT 


2.7%  5hOT2T 


EXHIBIT  1 

Showing  excess   and    shortage   in  weight   in   fifteen   one-ton 
purchases  of  coal. 


interest  of  both  of  us.  We  acknowledge  receipt  of  your 
check  for  $1.75  in  payment  of  the  quarter  of  a  ton  left  by 
our  driver  with  you,  and  enclosed  herewith  please  find  re- 
ceipt." 

Here  is  a  new  mathematical  axiom;  that  the  whole  is 
greater  than  the  sum  of  its  parts.  It  may  be  questioned 
whether  scales  which  will  weigh  a  fourth  of  a  ton  at  a  draft 
can  be  accurately  called  "small",  but  there  can  be  no  ques- 
tion that  if  any  dealer  should  agree  to  have  a  representative 
present  to  witness  the  re-weighing  of  a  load  of  his  coal, 
there  would  be  no  shortage  in  his  delivery.  The  law  upon 
the  matter  of  re-weighing  is  explicit.  It  reads : 

Two  thousand  two  hundred  and  forty  pounds  avoirdupois 
should  make  and  constitute  a  legal  ton  of  anthracite  coal  through- 
out this  commonwealth  in  all  transactions  between  retail  coal 
dealers  and  their  customers  (Appendix  A,  §44.) 

It  provides,  however,  "that  in  all  cases  forty  pounds 
shall  be  allowed  for  the  variation  in  scales"  (Appendix  A, 
§45.)  Further  comment  would  be  superfluous.  That  the 
attitude  shown  by  this  letter  is  not  representative  is  apparent 
from  another  letter,  which  relates  to  Test  8.  It  is  as  fol- 
lows : 

"Replying  to  your  favor  of  the  2nd  inst.  I  would  say 
that  we  believe  you  weighed  the  Coal  accurately  and  that 
the  mistake  was,  therefore,  ours.  As  explained  to  you  per- 
sonally this  mistake  could  have  happened  in  several  ways 
but  to  my  mind  it  either  happened  by  our  weigher  mistaking 
a  team  and  fixing  the  light  or  team-weight  too  low  on  the 
upper  beam,  or  that  the  driver  did  not  deliver  the  right 
number  of  bags  to  you.  When  I  talked  to  you  last  night 
I  was  under  the  impression  that  the  mistake  was  the  first 
of  these  two,  but  in  thinking  it  over  I  cannot  see  how  forty- 
five  (45)  bags  which  you  say  he  had  on,  would  not  weigh 
at  least  4500  Ibs. 

"Our  bags  are  carefully  filled  by  men  who  do  nothing 
but  fill  the  bags,  and  if  the  Coal  was  not  weighed  I  would 

27 


feel  sure  that  forty-five  bags  would  contain  this  amount 
and  surely  twenty-three  bags,  which  you  say  the  driver  said 
he  delivered  you,  would  contain  2240  Ibs.  Did  you  count 
the  bags  yourself  as  they  were  put  in. 

"The  Coal  was  delivered  by  a  hired  team,  one  of  ...  's 
teams,  and  on  this  day  we  had  two  hired  from  him.  There 
is  a  variation  in  his  wagons  altho  we  keep  no  record  of 
this  except  when  we  have  the  teams  on,  but  it  would  be 
very  easy  for  the  weigh-master  to  mistake  these  two  men 
as  their  wagons  are  exactly  alike  in  looks,  but  to  my  mind 
the  mistake  was  in  the  amount  of  Coal  delivered,  as  I  feel 
that  he  had  two  tons  on  when  he  left  this  yard. 

"Our  records  show  that  the  Coal  delivered  you  was 
Coleiaine  Coal;  also  the  other  ton  on  the  wagon  was  the 
same  Coal.  Coleraine  Coal  is  as  dense  as  any  Coal  mined, 
and  as  we  use  so  much  of  this  Coal  we  want  to  emphasize 
the  fact  of  45  bags  being  sufficient  for  two  tons,  so  that 
the  more  I  think  over  the  matter  the  harder  it  is  for  me 
to  understand  where  the  mistake  occurred  unless  both  you 
and  he  were  mistaken,  as  we  have  said  before,  in  the  num- 
ber of  bags. 

"Of  course,  we  do  not  know  this  driver  and  it  is  possi- 
ble that  he  dropped  a  bag  enroute  but  this  does  not  seem 
reasonable  to  us  altho  their  drivers  have  not  been  honest 
with  us  this  winter  in  one  instance  but  this  was  where  \ve 
were  unloading  from  a  car  where  they  allowed  their  friends 
to  come  over  and  help  themselves  from  it. 

''I  am  sorry  to  write  you  in  such  length  but  I  feel  that 
your  intentions  were  entirely  fair,  and  I  want  you  to  feel 
that  mine  are  too.  If  I  can  throw  any  more  light  on  the 
subject,  or  if  I  have  not  answered  any  questions  that  you 
would  like  to  put  to  me,  I  trust  you  will  not  hesitate  to  ad- 
vance them." 

The  accuracy  of  the  re-weighing  is  here  admitted,  and 
there  is  evidence  of  real  concern  for  the  interest  of  the  pur- 
chaser; something  which  does  not  appear  in  the  first  letter. 

28 


Tests  13,  14,  and  15  were  made  at  the  house  at  which 
the  driver  concerned  in  Test  12  had  refused  to  submit  to 
re-weighing,  and  before  it  was  learned  that  word  had  been 
passed  about  among  some  of  the  coal  dealers  that  tests 
were  being  made  at  that  address.  The  improved  showing, 
therefore,  is  not  surprising.  Test  14  was  made  on  coal  de- 
livered by  a  "loader,"  whose  circular  letter  says  "We  still 
invite  the  public  to  weigh  our  coal  and  if  short  of  2240 
Ibs.  net,  keep  the  coal  free  of  charge."  The  fact  that  there 
wras  a  shortage  of  sixty-two  pounds  in  his  delivery  would 
seem  to  indicate  that  this  "loader"  was  not  among  those 
dealers  who  were  notified  that  tests  were  being  made.  The 
firm  concerned  in  Test  5,  advertises  "2240  Pounds  Guar- 
anteed. Weighed  By  Sworn  Weighers."  Test  6  was 
made  on  coal  delivered  by  the  dealer  whose  suspicion  had 
led  him  to  inquire  why  coal  was  being  bought  from  dif- 
ferent dealers  in  single  ton  lots  and  re-weighed  at  the  house 
where  the  first  two  tests  were  made.  The  shortage  of  285 
pounds  would  seem  to  account  for  his  active  interest  in  the 
matter.1 

When  considered  in  relation  to  cost,  the  shortage 
shown  in  this  table  is  significant.  The  nominal  price  of  the 
coal  purchased  in  Test  3  was  $6.50;  the  actual  cost  was  at 
the  rate  of  $7.88  per  ton.  We  are  not  concerned  here  with 
averages ;  what  the  average  loss  may  mean  to  the  average 
purchaser;  or  what  that  average. loss  means  in  the  aggregate 
to  a  city  which  consumes  four  million  tons  of  anthracite 
coal  in  a  year.  Nor  are  we  concerned  with  the  question 
of  the  dishonesty,  carelessness,  or  poor  organization  of  a 
business  house  which  will  deliver  1847,  19&5>  or  even  2381 
pounds  of  coal  and  call  it  a  ton.  Our  interest  is  in  the  situ- 
ation as  these  tests  have  shown  it  to  be,  and  in  seeking  and 
applying  the  remedy. 

Before  we  seek  new  legislation,  it  will  be  well  to  con- 
sider that  there  is  already  upon  the  statute  books,  the  act 
of  April  2,  1822,  entitled  "An  act  to  regulate  the  sale  of 


1  See  page  25. 

29 


stone  coal  within  the  city  and  county  of  Philadelphia,  and 
to  prevent  the  adulteration  of  linseed  oil"  (Appendix  A, 
§§41-2.),  section  I  of  which  reads  as  follows: 

Stone  coal  brought  from  any  mine  situated  within  the  state  of 
Pennsylvania,  to  the  city  or  county  of  Philadelphia,  for  sale,  shall 
be  disposed  of  by  weight  or  by  the  bushel  measure,  and  if  by  the 
latter,  each  bushel  shall  weigh  at  least  eighty  pounds;  and  so 
when  the  same  is  re-sold,  whether  by  wholesale  or  retail,  it  shall 
in  like  manner  be  sold  by  weight  or  measure,  if  by  the  latter,  the 
bushel  shall  contain  at  least  eighty  pounds,  and  in  the  same  pro- 
portion for  any  greater  or  less  measure. 

This  is  one  of  four  acts  relating  to  the  subject  of 
weights  and  measures,  all  of  which  were  approved  on  the 
same  day.  The  other  three  have  been  repealed.  This  no 
doubt  explains  why  the  act  in  question  has  been  so  generally 
overlooked.  Adequately  enforced,  this  act  would  do  much 
toward  improving  the  situation.  It  would  put  a  stop  to  the 
practice  of  "loaders"  selling  without  regard  to  weight  or 
measure,  and  it  would  put  the  peddlers'  trade  upnn  an 
honest  basis. 

When  the  act  says  that  if  coal  be  sold  by  niea>nre. 
"the  bushel  shall  contain  at  least  eighty  pounds,  and  in  the 
same  proportion  for  any  greater  or  less  measure"  (Appen- 
dix A,  §41.).  it  does  not  mean  that  a  peddler  or  store  may 
sell  coal  by  the  bucket  of  approximately  eighteen  pounds 
capacity.  The  law  says  that  "Four  pecks  make  a  bushel" 
(Appendix  A,  §7.),  but  it  does  not  recognize  the  "bucket" 
as  an  aliquot  part  of  a  bushel.  When  a  dealer  sells  less 
than  twenty  pounds  of  coal  to  the  bucket,  he  is  violating 
the  law.  How  generally  this  is  done  is  shown  by  the  fact 
that  the  average  of  ten  bucket  tests  was  found  to  l>e  eighteen 
pounds.  Two  buckets  contained  twenty-one  pounds;  the 
others  contained  less  than  twenty,  and  one  contained  six- 
teen. Six  contained  pea  coal ;  two,  stove  coal ;  one,  chest- 
nut coal ;  and  the  coal  in  the  other  wras  mixed.  The  price 
in  eight  instances  was  eight  cents ;  and  seven  cents  and  nine 
cents  in  the  others.  Price  bore  no  relation  whatever  to 
either  variety  or  weight. 

30 


If  a  consumer  who  buys  coal  by  the  bucket  should 
receive  the  full  twenty  pounds  of  Lehigh  coal  of  nut  or 
stove  size,  for  eight  cents,  he  would  be  paying  at  the  rate  of 
$8.96  per  ton  for  coal  which  costs  the  peddler  $6.05  per 
ton,  or  less  than  five  and  a  half  cents  per  peck.  It  is  not 
pertinent  to  this  discussion  to  inquire  whether  peddlers 
could  afford  to  buy  Lehigh  coal  in  stove  or  nut  sizes  and  sell 
at  a  fair  profit  at  eight  cents  per  peck  of  twenty  pounds. 
To  do  so  would  be  to  ignore  the  essential  fact  that  much 
of  the  Lehigh  coal  sold  in  buckets  is  pea  coal,  which  costs 
the  peddler  $4.03  per  ton,  or  about  three  and  a  half  cents 
per  peck;  also  the  fact  that  much  of  the  coal  sold  by  the 
bucket  is  of  the  free-burning  varieties,  which  run  four 
bushels  to  the  ton  more  than  Lehigh.  The  bucket  coal 
trade,  therefore,  presents  a  problem  of  both  short  weight 
and  adulteration.  For  the  former,  the  act  of  1822  is  ade- 
quate if  enforced ;  for  the  latter,  new  legislation  is  necessary. 

Groceries  and  Provisions 

The  purchase  of  groceries  and  provisions  is  a  matter 
which  confronts  the  housewife  almost  daily.  For  her  there 
are  small  stores  in  the  neighborhood  of  her  home,  "chain" 
stores  and  markets  scattered  at  convenient  intervals 
throughout  the  city,  and  large  stores  with  extensive  stock 
and  wide  delivery  service.  Each  has  its  appeal,  which 
may  be  convenience  of  access,  cut-prices,  variety  of  choice, 
credit,  or  any  other  characteristic  which  may  serve  to 
encourage  trade.  In  their  advertisements  and  in  their  per- 
sonal dealings  with  customers,  dealers  .seek  to  present  these 
inducements  as  effectively  as  possible.  In  the  former,  price 
and  quality  are  the  dominant  notes;1  in  the  latter,  the 
appeal  varies,  but  it  is  not  infrequently  concerned  with 
weight  or  measure.  The  salesman  may  heap  his  measure, 

1A  significant  exception  from  a  Philadelphia  newspaper: 

"The  Question  of  Honest  Weights  and  Measures 

"If  you  owe  us  a  dollar,  we  will  exact  it — in  good,  lawful  money,  not 
sweated  coin  or  Mexican  dollar.  We  will  accept  only  the  equivalent  of  a  hundred 
American  cents. 

"You  should  exact  from  stores  the  same  sort  of  fulness  as  to  weights  and 
measures — 36  inches  to  a  yard;  16  ounces  to  the  pound;  legal  quarts  and  pints. 
That's  all  there  is  to  it — yet  this  straight-forward  method  isn't  usual — there's  no 

31 

29476—3 


and  even  give  a  handful  in  excess  of  a  well-filled  measure; 
or  his  scales  may  show  excess  weight  while  he  charges 
only  for  even  weight.  But  the  measure  itself  may  be  too 
small,  or  it  may  be  one  which  was  intended  for  a  different 
class  of  commodity;  and  the  scales  which  show  excess 
weight  may  be  set  against  the  customer.  When  full  weight 
or  measure  is  given  when  the  apparatus  itself  is  faulty,  the 
result  is  unfair  competition,  for  the  purchaser  is  deceived; 
when  short  weight  or  measure  is  given,  whether  through 
carelessness  or  design,  the  result  is  loss  to  the  purchaser. 
In  an  attempt  to  ascertain  the  accuracy  with  which 
groceries  and  provisions  are  being  dealt  out  to  the  people 
of  Philadelphia,  several  hundred  test  purchases  have  been 
made,  with  the  result  shown  in  Tables  2,  3,  4,  and  5,  and 
graphically  represented  in  Exhibits  2,  2  A,  3,  3  A,  4,  and  5. 

Table  2,  Showing  Result  in  225  One-pound  Purchases  of 
Groceries  and  Provisions 


Total 

Pun 

bases  Rew 

eighed  Sh( 

>wed 

Commodity 

Pur- 

Correct 

Weight 

Lu-  to 

Dealer 

LosstoC 

jstomcr 

No. 

P.Cent 

No. 

P.Cml 

No. 

P.Cent 

Sugar   ..*„> 
Rice  ...-...; 

IOO 

60 

5 

5 

31 

12 

31 
2O 

64 

AC 

64 

7c 

Beans    

2<; 

12 

*rj 
22 

/  D 

88 

Peanuts  
Fruits  ...... 

10 
IO 

I 

IO 

6 

60 
4O 

4 

c 

40 

CQ 

Bacon 

IO 

2 

2O 

D 

8 

3W 
80 

Butter 
(Print)   .. 

IO 

10 

IOO 

Total  .... 

225 

9 

4 

58 

25.8 

158 

70.2 

adequate  law  to  make  packges  hold  supposed  weights  and  measures — and  the  care- 
less housewife  loses  ten  per  cent,  or  more  in  weights  of  various  commodities  if 
she  buys  at  careless  stores. 

"If  you  buy  a  three,  five  or  ten-pound  pail  of  lard  at  ...  you  get  that 
number  of  real  pounds  of  lard.  You  do  not  get  it  generally.  If  lard  is  sold  in 
cans,  it  is  for  convenience  (and  not  your  convenience)  so  you  must  pay  lard- 
price  for  tin  can.  Catch  the  idea? 

"We  believe  all  package  goods  will  come  to  be  of  known  net  weights — 
we  are  making  it  possible  to  supply  almost  every  need  without  chance  of  fooling 
yourself. 

".  .  .  Pure  Foods — in  full  weights — cost  you  no  more  than  questionable 
kinds.  We  believe  the  average  prices  at  ...  the  year  through  will  show  a 
saving  over  usual  prices." 


EXHIBIT  2 

Showing  excess,  correct,  and  short  weight  in  225  one-pound  pur- 
chases of  groceries  and  provisions. 


Table  2  shows  in  summary  form  the  result  of  pur- 
chases of  selected  commodities  sold  generally  by  grocers. 
Only  nine  purchases  showed  correct  weight.  All  of  the 
purchases  of  butter  were  short;  the  average  being  about 
one-half  ounce.  Eight  out  of  ten  purchases  of  bacon, 
another  expensive  commodity,  were  short;  and  in  this  case 
the  shortage  was  nearly  two  ounces.  Sugar  is  cheap,  and 
the  retailer  makes  little  or  nothing  from  handling  it,  because 
purchasers  have  come  somehow  to  judge  of  the  level  of 
prices  in  a  grocery  store  by  the  price  charged  for 
sugar.  Exhibit  2  presents  in  graphic  form  the  results 
shown  in  Table  2.  Exhibit  2  A  shows  in  a  similar  manner 
the  distribution  of  excess  and  shortage.  Here  it  appears 
that  the  excess  weight  ranged  from  one-sixteenth  of  an 
ounce  to  one  and  three-fourths  ounces,  while  the  shortage 
ranged  from  one-sixteenth  of  an  ounce  to  three  and  a  half 
ounces.  The  lengths  of  the  vertical  columns  represent,  for 
each  fraction  of  an  ounce,  the  relative  number  of  purchases 
showing  either  excess  or  shortage.  Thus  about  2  per  cent, 
of  the  purchases  showed  an  excess  of  three-sixteenths  of 
an  ounce,  while  8  per  cent,  showed  a  shortage  of  the  same 
amount. 

Table  3,  Showing  Result  in  Fifty  One-quart  Purchases  of 
Dry  Commodities 


Commodity 

Total 
Purchases 

Remeasuring  Showed 

General 
Average  of 
Shortage 
(PerCent) 

Full  Measure 

Short  Measure 

Beans  

35 

10 

5 

I 
2 

I 

34 
8 

4 

15-3 
9-3 
8.1 

Cranberries 

Peanuts    

Total  

50 

4 

46 

13-3 

The  record  for  beans  as  shown  in  Table  2  should  be 
considered  with  reference  to  the  similar  record  in  Table  3. 
The  comparison  will  show  an  average  shortage  of  6.1  per 

33 


cent,  when  beans  are  purchased  by  weight,  but  15.3  per  cent, 
when  they  are  purchased  by  measure.  The  reason  for  this 
marked  difference  is  that  beans,  which  are  dry  commodities, 
are  almost  universally  sold  by  the  liquid  quart  measure, 
which  holds  about  14  per  cent,  less  than  the  dry  quart.  Of 
the  ten  purchases  of  cranberries,  two  were  full  measure. 
With  one  exception,  the  cranberries  were  measured  in 
liquid  quart  measures.  This  was  a  significant  exception; 
because  out  of  fifty  purchases  of  dry  commodities  shown 
in  Table  3,  a  single  one  was  measured  in  a  dry  quart 
measure,  although  at  wholesale  these  commodities  are  sold 
either  by  weight  or  by  dry  measure.  Upon  this  point  the 
ordinance  6*f  November  17,  1857  declares: 

It  shall  not  be  lawful  for  any  person  or  persons  to  sell  within 
the  limits  of  the  ...  city  any  .  .  .  fruits  or  vegetables  requiring 
measurement,  by  any  other  measure  than  the  bushel  and  its 
divisions,  .  .  .  and  for  each  and  every  sale  hereafter  made  by  the 
basket,  or  by  any  other  measure  or  measures  thafl  those  herein 
designated,  the  person  or  persons  making  the  same  shall  forfeit 
and  pay  the  sum  of  five  dollars  (Appendix  A,  §52.) 

The  percentage  relations  of  the  results  shown  in  Table 
3  are  represented  graphically  in  Exhibits  3  and  3  A.  Ex- 
amination of  Exhibit  3  A  will  show  that  over  half  of  the 
purchases  were  short  more  than  14  per  cent.  Two  per  cent. 
of  the  purchases  were  32.8  per  cent,  short. 

There  is  in  general  use  a  type  of  double-end  dry 
measure,  the  larger  compartment  of  which  holds  a  half- 
peck,  and  the  smaller,  two  quarts.  (See  illustrati.on  facing 
page  40.)  These  measures  are  made  of  soft  wood,  and 
their  rims  are  not  protected.  When  new  they  are  of 
full  capacity,  but  there  is  nothing  to  prevent  the  cutting 
down  of  either  end  to  diminish  the  capacity  by  any  amount 
desired. 

Throughout  the  city  there  is  a  large  number  of  cheap 
scales  and  capacity  measures.  Most  of  the  scales  upon 
which  test  purchases  were  weighed  were  without  the  name 

34 


o 

4' 

a. 
I" 


09 


of  the  manufacturer.  Such  scales  were  found  most  fre- 
quently in  the  smaller  stores,  but  tests  uniformly  showed 
that  the  question  of  honest  weights  and  measures  is  one 
which  concerns  large  dealers  quite  as  much  as  small  dealers. 
One  spring  balance  was  found  with  the  pointer  on  the  face 
of  the  dial  showing  three  ounces  "fast",  or  against  the 
customer  without  anything  on  the  pan,  and  others  showed 
two  and  a  half  ounces,  two  ounces,  and  one  ounce.  One 
computing  scale  was  found  three  and  a  half  ounces  against 
the  customer. 

Counter  scales  were  found  with  various  objects, — iron 
nails,  iron  nuts,  iron  links,  iron  wire,  pieces  of  lead,  pieces 
of  tin,  pieces  of  wood — fastened  to  the  prongs  of  the  fork 
or  attached  to  the  customer's  end  of  the  hanger.  Two 
had  can-openers  fastened  in  the  fork.  In  many  instances 
paper,  twine,  or  cloth  was  wound  or  tied  about  the  prongs 
of  forks.  Whether  this  was  done  to  conceal  some  heavier 
substance  could  not  be  determined  by  the  investigator  in 
the  absence  of  authority  to  make  a  detailed  examination. 
Spring  balances  were  found  which  had  a  potato  stuck  on 
the  hook  below  the  dial.  Hooks  were  frequently  used  for 
the  hanging  of  tags  and  memorandum  slips.  In  one  in- 
stance there  was  half  of  a  refrigerator  door-hinge  upon 
the  hook.  All  these  objects  were  in  full  view.  In  the 
absence  of  official  inspection,  this  is  not  surprising.  The 
average  customer  knows  little  or  nothing  of  scales,  or  of 
their  proper  use.  No  attempt  was  made  to  discover  the 
less  obvious  defects,  this  having  been  already  done  by  the 
experts  of  the  national  bureau  of  standards.  Discussing 
the  conditions  in  that  portion  of  the  city  lying  south  of 
South  street  from  Twelfth  street  to  the  Delaware  river, 
the  official  report  of  these  inspectors  reads: 

Here,  conditions  are  practically  indescribable.  So  little  appa- 
ratus is  correct  that  practically  no  standard  of  weights  and  meas- 
ures exists,  and  although  the  common  terms  of  "pound",  "bushel", 
etc.  are  still  in  use  they  mean  practically  nothing-  as  the  variation 
of  the  apparatus  amounts  in  many  cases  to  25%  or  more.  So 

35 


little  apparatus  is  correct  that  it  is  the  exception,  rather  than  the 
rule,  to  find  things  in  proper  condition.  Scales,  both  of  the  spring 
and  platform  types,  are  almost  universally  fast  from  2  to  5  or  more 
ounces.  That  this  is  not  the  result  of  general  ignorance  is  proved 
by  the  way  in  which  the  apparatus  is  manipulated.  For  instance 
even-arm  platform  scales  practically  never  have  the  pans  empty 
when  not  in  use.  In  90%  of  the  cases  some  weight  is  placed  upon 
the  weight  platforms  so  that  an  observer  cannot  determine  whether 
the  scale  is  in  balance  without  removing  these  weights.  When 
these  were  removed  by  the  inspectors  the  scoop  side  was  in  almost 
every  case  heavy  by  one  to  five  ounces,  and  this  amount  was 
gained  by  the  manipulator  on  every  sale  made.  Moreover,  a  type 
of  cheap,  even-arm  balance  is  in  general  use  which  is  one  or  more 
ounces  incorrect  when  the  weights  are  placed  upon  the  extreme 
edges  of  the  platform.  That  the  dealers  are  aware  of  this  physical 
imperfection  and  use  it  to  defraud  the  public  is  indicated  by  the 
fact  that  numerous  cases  of  weighings  came  under  the  observation 
of  the  inspectors,  when  weights  were  so  placed  on  the  extreme 
edges  that  this  short  weight  was  added  to  the  original  error  of 
the  balance.  A  third  additive  factor  to  the  total  shortage  in  weight 
delivered  is  caused  by  the  fact  that  the  weights  used  arc  them- 
selves light.  That  this  last  factor  is,  in  itself,  considerable*  may 
be  drawn  from  a  few  instances.  4-lb.  weights  were  found  which 
were  respectively  2  ozs.,  \-V\  ozs.,  and  3-^  ozs.  li^ht.  (This  last 
had  a  hole  drilled  in  bottom  which  pierced  through  t<»j>  <>f  weight). 
2-lb.  weights  were  found,  i-oz.,  i-H  ozs.,  i-%  ozs.,  and  13/16  oz 
light;  one  pound  weights  were  found  i-^,  7/16,  H  and  i-fij  ounces 
light,  respectively.  (This  last  was  hastily  hidden  by  the  mer- 
chant when  tests  began,  but  was  recovered  and  tested).  8-oz. 
weights  were  found  M,  11/16,  7/16,  1A  of  an  ounce  light,  etc.  This 
one  factor  is  then  in  a  large  number  of  cases  from  7  to  10%.  The 
combination  of  the  three  sources  of  shortage  mentioned  is  very 
large  amounting  in  many  cases  to  perhaps  30  to  35%. 

Here,  also,  were  found  very  many  dry  measures  made  of  wood 
having  a  stave  removed  or  ends  sawed  short.  About  20  of  these, 
approximately  25%  short  were  counted  on  one  portion  of  a  street 
in  this  section.  When  your  inspectors  were  about  to  measure  one 
of  the  above  it  was  snatched  away  by  the  dealer,  but  was  recov- 
ered and  measured.  This  was  a  double  measure.  The  "half- 
peck"  held  203  cu.  ins. ;  shortage  24.2%.  The  "quarter-peck"  held 
100  cu.  ins.;  shortage  25.4 

Liquid  quart  measures  for  dry  commodities  were  universally 
used,  no  others  being  in  evidence.  These  were  sometimes  so  badly 

36 


EXHIBIT  3 

Showing  full  and  short  measure  in  fifty  one-quart  purchases  of 
dry  commodities. 


L  LL\[-  a  U'U 


battered  as  to  make  them  useless  as  "measures."  In  one  case,  for 
instance,  in  addition  to  dents  a  pint  measure  had  a  false  bottom. 
This  measure  held  u-M  ozs.  of  dried  beans  when  full,  a  shortage 
of  21%,  or  at  the  rate  of  47  Ibs.  to  the  bushel,  instead  of  60  Ibs., 
the  legal  weight. 

Spring  scales  were  often  found  3  and  4  ounces  fast,  while 
many  were  balanced  without  the  scoop,  which  was  never  placed 
on  the  spring  except  when  weighing  was  being  done.  When  a 
commodity  is  placed  in  the  scoop  and  this  is  put  on  the  scale,  the 
scoop  weighing  3  or  4  ozs.  is  weighed  with  the  commodity  and  is 
charged  for,  although  it  is  never  delivered  with  the  goods. 

In  short,  in  this  section  every  variety  of  fraud  by  means  of 
which  it  is  possible  to  deliver  short  weight  and  measure  to  igno- 
rant people  was  found  in  use  in  75%  or  more  of  the  places  of 
business.  Yet  scattered  throughout  this  section  are  respectable 
stores  where  full  weight  and  measure  is  being  given  or  only 
slight  shortages  exist.  These  stores,  of  necessity,  charge  slightly 
more  than  the  others  and  have  only  the  more  intelligent  class  of 
trade.  The  very  poor  and  ignorant  patronize  the  stores  where 
commodities  apparently  can  be  bought  the  cheapest  and  as  a  result 
the  people  who  can  least  afford  to  lose  are  paying  higher  prices. 
To  protect  these  classes  is  a  function  of  prime  importance,  and 
until  this  is  done  a  very  great  injustice  will  be  perpetrated  against 
those,  who,  on  account  of  poverty  and  ignorance,  cannot  protect 
themselves. 

The  conditions  in  the  other  parts  of  the  city  where 
merchants  cater  to  a  representative  class  of  trade,  were 
found  to  be  similar.  The  report  reads : 

In  Philadelphia,  there  are  a  very  large  number  of  "chain 
stores."  That  is,  stores  operated  by  one  company  from  central 
offices,  by  means  of  managers  and  clerks  in  each  store,  those  men 
being  employed  by  the  central  company  or  corporation.  One  of 
these  companies  own  and  operate  205  stores  in  the  city  and  sur- 
roundings, and  several  other  companies  operate  a  lesser  number 
of  stores.  Since  there  was  a  very  marked  difference  in  the  major- 
ity of  these  stores,  from  those  stores  operated  by  individuals,  their 
weights  and  measures  will  be  summarized  separately.  From  our 
data  we  are  able  to  state  the  following  facts : 


37 


Independent  Stores 

Scales  Inspected 
Based  on  averaged  weight  of  one  pound. 

Total  No.  O.  K.  In  Error 

of  scales  Within  Within  Within  Within          More  than 

inspected  3%  6%  9%  **%  I2% 

118       45  (38%)     38  (32%)     ii  (9%)     14  (12%)     10  (9%) 
Weights  Inspected 

Total  No. 
of  weights 

inspected,       Within  —  i%  a%          3%        4%          5%        6%      7%     8%ormore 

i-lb.  or 
more 

132         59  (46%)          19        8      14        2        2        i        i 

8-oz.  or       Within 
less  2% 

53          30  10        3        i        4        2        3 

Probably  50%  of  the  wooden  dry  measures  in  use  were  7% 
or  more  short  of  standard  measure.  This  was  probably  not  in 
every  case  the  fault  of  the  merchant  since  measures  somewhat 
short  seem  often  to  have  been  sold  as  standard  measures.  The 
resultant  shortage  to  the  customer  was,  however,  the  same. 
Throughout  practically  all  these  stores  small  dry  commodities  in 
quart  lots  or  less  are  being. sold  in  liquid  measures  and  throughout 
the  entire  city  very  few  quart  dry  measures  are  in  evidence.  Thus 
it  will  be  seen  that  in  independent  stores  in  all  sections  the  appa- 
ratus is  in  very  bad  shape  and  results  in  defrauding  the  purchase  r. 

To  summarize,  only  38%  of  the  scales  of  which  we  have  rec- 
ord are  correct  within  3%  and,  of  these,  many  were  being  used  to 
give  less  than  the  required  amounts  by  means  of  short  weights 
used.  Incorrect  (short)  weights  make  54%  of  the  total  of  all  the 
larger  weights  and  about  40%  of  the  total  of  the  smaller  weights. 
When  it  is  considered  that  all  faulty  weights  and  measures  found 
south  of  South  street  are  not  included  in  these  figures  the  results 
are  doubly  significant  for  in  these  stores  short  weight  and  meas- 
ures is  being  constantly  given,  although  the  customers  are  as  a  rule 
intelligent  people,  and  notwithstanding  the  fact  that  they  are  pay- 
ing what  is  considered  a  sufficient  price  for  the  commodities  pur- 
chased. And  districts,  such  as  Germantown  have  not  been  ex- 
cluded, where  are  apparently  a  fine  class  of  stores  and  an  exclusive 
class  of  customers. 


\      Q 
.t  kill  l  Iv 


fi  .VI  K  (I 

;  n  (>-,  i  j  ^ 


The  conditions  in  "chain-stores"  have  been  listed  separately 
as  before  mentioned,  because  an  entirely  different  condition  here 
exists  as  far  as  the  accuracy  of  apparatus  in  use  is  concerned. 
Conditions  were  obtained  in  a  number  of  stores  of  this  character 
and  have-  been  listed  below. 


".Chain-Stores" 

Scales  Inspected 

Based  on  average  sales  of  one  pound. 


Total  No. 
of  scales 
recorded 


O.K. 

within 


Within 
6%- 


In  Error 
Within 


Within    More  than 

12%  12% 


28  23  (82%)     3  (or  11%)     2  (or  7%)       none       none 


Total  No. 

of  weights 

recorded 

i-lb.  and  above 

62 

i-oz.  to  8-oz. 
46 


Weights  Inspected 

Within  i%  2%          3%         4%  5%     6%      7% 

54  (or  87%)        5        3  None 

41  (or  90%)         311  " 


Very  few  measures  of  any  kind  were  found.  Liquid  meas- 
ures were  in  every  case  correct.  Dry  measures  were  entirely  dis- 
carded all  of  these  commodities  being  sold  by  weight. 

Thus  in  these  stores  82%  of  scales  found  were  correct  within 
2%  and  11%  of  the  remaining  18%  were  within  6%  accuracy. 
87%  of  the  larger  weights  were  correct  within  i%,  8%  were 
within  2%,  none  being  more  than  3%  light.  And  in  the  same  way 
90%  of  the  ounce  weights  were  accurate. 

In  comparison  with  the  former  tabulated  results  the  differ- 
ence was  so  striking  that  an  attempt  was  made  to  account  for  it 
and  the  following  facts  were  elicited  from  several  sources.  On 
examination,  it  seems  that  "chain-stores"  here  have  an  inspection 
of  weights  and  measures,  the  firm  of  H.  Troemner  of  Philadelphia 
being  employed  in  most  cases.  An  expert  visits  all  the  stores  and 
tests,  approves  of  or  condemns  and  repairs  all  apparatus  in  use. 
And  the  above  conditions  seem  to  result.  The  central  firms  go  to 
this  expense  so  as  to  assure  themselves  insofar  as  possible  that 
full  weight  and  measure  are  being  given  in  their  stores,  since  they 
point  out  that  short  weight  in  any  one  store,  discovered,  would 
militate  against  all  their  stores,  causing  a  large  total  loss  of  pat- 
ronage. 


39 


The  great  good  which  a  private  inspection  has  thus  caused 
indicates  the  change  in  general  conditions  caused  by  "an  efficient 
inspection.  And  an  official  inspection  is  far  better  than  that  noted 
above  since  the  tests  are  then  official,  a  seal  appears  on  the  scale 
for  the  protection  of  the  buying  public,  and  it  applies  to  every 
merchant  alike.  Thus  all  false  apparatus  may  be  weeded  out  and 
fair  competition  established.  But  in  the  absence  of  official  tests, 
private  tests  appear  to  accomplish  much  good  and  these  will  usu- 
ally be  made  when  no  gain  accrues  to  owner  through  short  weight 
and  measure  and  where  harm  only  is  liable  to  ensue,  as  in  the 
above  case. 

Another  phase  of  the  subject  of  weights  and  measures  to 
which  particular  attention  was  paid  was  to  the  weight  of  goods 
already  put  up  by  the  merchants,  ready  for  delivery.  A  large 
number  of  these  packages  were  usually  found  in  "chain-stores"  and 
data  was  obtained  in  other  stores  as  well.  In  the  former  case  this 
data  tends  to  show  whether  mere  supervision  of  the  apparatus  in 
use  is  sufficient  to  insure  correct  weight  and  measure  for  the  pur- 
chasing public.  It  also  throws  light  on  the  question  as  to  whether 
faulty  apparatus  and  short  weights  and  measures  mean  actual 
short  amounts  delivered  to  the  consumer  as  a  result.  The  ques- 
tion of  shrinkage  and  of  gross  and  net  weight  also  figure. 

First,  then,  from  all  data  obtainable,  it  would  appear  that  any 
shortage  in  the  weights,  measures  or  scales  directly  result  in  a 
similar  shortage  of  weight  and  measure  delivered  to  the  customer 
Probably  on  account  of  keen  competition  in  prices  the  merchant 
gives  exactly  that  amount  indicated  by  the  apparatus  in  use  and 
thus,  if  apparatus  is  short,  the  delivered  commodity  is  also  short. 
The  old  idea  of  giving  "down-weight"  is  largely  supers-. led  1>\  tin- 
present-day  idea  of  exact  weight.  The  present  method  largely  in 
use  of  delivering  to  the  customer  packages  already  done  up,  so 
that  the  customer  no  longer  sees  the  actual  weighing  process  has. 
we  believe,  been  largely  responsible  for  this  result. 

Second,  it  appears  that  very  rarely  is  any  allowance  made  for 
the  weight  of  the  container.  That  is,  gross  weight  instead  of  net 
weight  is  near  always  given.  The  merchant  always  claims  that 
he  is  entitled  to  a  return  for  the  bags,  butter-dishes,  etc.  for  which 
he  must  pay.  However,  to  charge  perhaps  35  cents  per  pound  for 
half-ounce  wooden  platters  which  cost  perhaps  3  or  4  cents  per 
pound,  and  25  to  50  cents  per  pound  for  paper  bags  delivered 
with  coffee,  tea  or  other  similar  goods,  which  cost  but  a  small  frac- 
tion of  that  sum,  is  plainly  a  fraud  upon  the  buyer  of  the  com- 
modities. Package  charges  may  fairly  be  figured  when  the  selling 

40 





A  BOTTOMLESS  DOUBLE  END  MEASURE 

Divided  by  a  partition;  one  end  serving  as  a  half-peck,  the  other 
as  a  quarter-peck  measure.  Note  the  metal  hoops  conveniently  placed 
to  permit  cutting  down  the  wooden  edge.  The  use  of  this  type  of 
measure  is  prohibited  in  Richmond,  Va.,  where  it  is  manufactured. 


•  •:  •*:  •••«••  i    •   -  ' 

t  «  *  -t  e  •   •  •;  :     •  «« 

*    -»  -- 


price  of  a  commodity  is  being  determined,  but  can  never  be  cor- 
rectly charged  in,  by  adding  its  weight  to  the  weight  of  the  com- 
modity itself. 

Third,  that  the  mere  inspection  of  weights  and  measures  is 
not  sufficient  to  prevent  all  fraud,  is  indicated  by  the  fact  that  in 
some  stores  where  the  weights  and  measures  were  found  correct, 
shortages  in  packages  done  up  ready  for  delivery  were  discovered. 
Many  of  these  discrepancies  were  too  serious  to  have  been  caused 
by  shrinkage  while  in  other  cases  packages  had  but  just  been 
weighed  out.  These  shortages  may  be  explained  in  two  ways, 
i  st.  Deliberate  intention  to  defraud.  2nd.  By  attempts  made  to 
cover  shrinkage,  leakage,  etc.,  by  making  each  purchaser  bear  a 
proportionate  share  of  the  general  loss.  In  "chain-stores"  pack- 
ages were  often  short  in  weight  or  measure.  As  far  as  we  are 
able  to  determine,  it  appears  that  managers  of  "chain-stores" 
are  sold  a  certain  amount  of  commodity  by  the  central  company 
and  are  held  accountable  for  a  sale  of  this  amount.  If  this  is 
correct,  it  accounts  for  the  large  number  of  slight  shortages  found 
in  these  stores.  For  the  managers,  to  protect  themselves,  are 
obliged  to  gain  by  short  weight  or  measures,  any  loss  of  stock 
due  to  shrinkage,  as  well  as  to  leakage,  error,  etc.  In  this  case 
of  appearing  to  deliver  every  pound  of  original  consignment  to 
the  customer,  the  latter  will  often  be  considerably  defrauded,  in 
the  case  of  articles  which  are  delivered  in  large  quantities  and 
which  sell  slowly;  in  articles  which  shrink  rapidly;  and  in  the 
case  of  articles  improperly  guarded  from  leakage  of  any  kind. 
And  moreover  this  shortage  will  necessarily  vary  with  the  season 
and  in  other  ways.  Thus  the  consumer  would  never  be  able  to 
accurately  tell  how  much  he  was  about  to  receive  for  any  stated 
quantity.  As  in  the  case  of  net  and  gross  weight  already  dis- 
cussed, these  losses  must  undoubtedly  eventually  be  borne  by  the 
consumer,  but  a  proper  adjustment  should -once  again  be  made  in 
selling  prices  and  never  in  the  amount  of  commodity  delivered. 

Of  the  seventy-five  packages  found  in  stores  ready  for  deliv- 
ery which  were  weighed  by  your  inspectors,  7%  were  overweight, 
4%  were  correct,  while  89%  were  short  in  weight.  The  average 
of  the  overweight  was  about  one  per  cent,  while  the  shortweight 
amounted  in  certain  cases  to  15%.  A  large  majority  of  the  pack- 
ages were  weighed  up  in  chain  stores,  or  the  stores  where  the 
weights  and  measures  were  nearly  correct,  since  the  poorer  stores 
very  seldom  had  packages  ready  for  delivery. 

The  data  maintained  is  mainly  of  interest  in  showing  how 
nearly  all  of  even  the  better  stores  deliver  gross  instead  of  net 

41 


weight,  and  deliver  short  packages  in  order  to  eliminate  waste 
from  their  calculations.  In  a  few  cases  the  short  weights  could  be 
traced  directly  to  faulty  apparatus  found. 

Butter  put  up  in  "prints,"  sold  as  pounds,  was  very  generally 
short  in  weight.  That  this  was  intentional  and  was  in  many  cases, 
at  least,  not  due  to  shrinkage,,  was  indicated  by  the  fact  that  in 
some  stores  butter  which  had  been  in  stock  3  or  4  days  or  more 
and  butter  received  fresh  within  a  few  hours  were  practically  the 
same  amount  short.  These  shortages  in  "chain-stores"  and  "inde- 
pendent stores"  differed  very  slightly.  Of  the  37  one-pound 
prints  weighed,  only  19%  were  correct,  while  of  the  remainder 
20%  were  more  than  Y*  oz.  (or  3%)  light  Of  the  ^  pound 
prints  iS%  were  correct,  while  87%  of  those  short  were  more  than 
3%  underweight,  and  44%  were  more  than  6%  underweight. 

The  average  weight  of  bread  throughout  the  city  was  about 
14  ounces  per  loaf. 

It  seems  advisable  at  this  point  to  call  attention  to  a  particu- 
lar feature  of  a  computing  scale  which  was  found  on  almost  all 
barrel  spring  scales  of  the  make  referred  to.  On  more  than  fifty 
per  cent  of  these  the  front  and  back  indicators,  read  by  the  pur- 
chaser and  merchant  respectively,  did  not  start  from  the  same 
point  on  the  graduated  scale;  for  when  the  front  was  correct  the 
back  read  from  one  and  a  half  to  two  ounces  fast.  Thus  the  cus- 
tomer saw  a  scale  apparently  correct,  while  the  merchant  on  his 
side  was  short-weighing  from  one  to  two  ounces.  The  general 
prevalence  of  this  error  would  lead  to  the  "belief  that  the  scales 
were  so  sold  to  the  merchant  This  was  also  indicated  by  the  fact 
that  apparently  honest  merchants  had  the  scale  adjusted  correctly 
on  their  side  in  which  case  it  was  often  one  and  a  half  ounces  slow 
on  the  customers'  side.  Since  the  merchant  would  have  no  desire 
to  have  the  front  read  incorrectly  when  the  back  was  correct,  it  is 
hardly  possible  that  these  merchants  readjusted  these  scales  to 
read  in  this  manner.  A  scale  which  does  not  read  similarly  for 
customer  and  merchant  is  a  very  dangerous  form  of  scale,  since  it 
renders  it  very  difficult  to  protect  himself  from  short  weight. 

The  findings  of  the  government  inspectors  as  to  con- 
dtions  in  "chain"  stores  are  consistent  with  the  results  of 
the  tests  made  in  this  investigation.  One-pound  purchases 
were  made  in  nineteen  stores,  and  of  these,  seventeen  gave 
short  weight ;  the  amount  of  the  commodity  delivered  rang- 
ing from  14  3/16  ounces  to  15  13/16  ounces.  One  gave 
even  weight,  and  one  gave  over  weight, — 17  3/16  ounces. 

42 


The  same  applies  to  the  tests  of  commodities  already 
done  up  in  packages.  Of  forty- four  one-pound  packages 
of  rice  and  of  sugar,  thirty-eight  were  short,  one  was 
correct,  and  five  were  over  weight.  The  short  weight 
packages  ranged  from  14  10/16  ounces  to  15  15/16  ounces, 
and  the  excess  weight  packages  ranged  from  16  2/16  to 
17  2/1 6  ounces.  Six  one-pound  packages  of  bacon  were 
purchased,  and  all  were  short;  the  weight  ranging  from 
12  8/16  to  15  3/16  ounces. 

The  Reading  Terminal  market  at  Twelfth  and  Arch 
streets  is  the  largest  and  best  known  public  market  in  the 
city.  It  is  well  kept  and  sells  only  a  good  class  of  com- 
modities. Ten  purchases  of  fresh  meat  and  ten  of  bacon 
were  made  at  this  market,  with  the  result  shown  in  Table 
4  and  also  in  Exhibit  4. 

Table  4,  Showing  Excess  and  Shortage  in  Twenty  Purchases 
of  Meat  at  the  Reading  Terminal  Market 


Test 

Kind  of  Meat 

Quantity 
Paid  for 

Quantity 
Received 

Percentage  of 
Loss  to 

Lbs. 

Ozs. 

Lbs. 

Ozs. 

Dealer 

Cust'm'r 

231 

Bacon 

0 

I 

I3/I6 

5-0 

232 

ii 

0 

.  . 

14  10/16 

'>4>'is 

8.5 

233 

<( 

0 

-.'•"«•  ; 

13    8/16 

15.6 

234 

u 

0 

.  . 

15    3/i6 

5-° 

235 

" 

0 

14  10/16 

8.5 

236 

a 

0 

I 

2/16 

•7 

237 

ft 

0 

14     1/16 

12.  1 

238 

« 

o 

14    5/*6 

10.5 

239 

" 

0 

14    8/16 

9-3 

240 

u 

0 

12    8/16 

21.8 

241 

Steak 

I 

12 

I 

9    6/16 

;.    -.«;.-   -  . 

9-3 

242 

u 

I 

2 

I 

i  14/16 

.  . 

.6 

243 

" 

I 

0 

15 

.  . 

6.2 

244 

Chops 

2 

0 

2 

6/16 

I.I 

245 

" 

2 

0 

I 

14  15/16 

3-3 

246 

Roast 

5 

0 

4 

15 

... 

1.2 

247 

a 

5 

8 

5 

7  10/16 

•4 

248 

a 

4 

12 

4 

12    I0/l6 

.8 

249 

« 

4 

12 

5 

i     3/16 

6.8 

250 

U 

3 

0 

3 

3     7/i6 

7-i 

43 


Here  it  appears  that  on  steak  and  chops,  both  expen- 
sive varieties,  the  loss  was  almost  wholly  on  the  customer's 
side.  On  roasts,  the  reverse  is  true.  Of  ten  one-pound 
purchases  of  bacon,  another  expensive  commodity,  eight 
were  short,  the  weight  ranging  from  12  8/16  ounces  to 
15  3/1  6  ounces.  Four  of  the  scales  upon  which  this  bacon 
was  weighed  were  "fast,"  the  extremes  being  one  ounce 
and  three  and  a  half  ounces. 

Concerning  the  conditions  at  the  Reading  Terminal 
market,  the  report  of  the  government  inspectors  reads: 

Of  the  spring  scales  inspected  here,  I  was  found  4  ozs.  fast, 
2  were  3  ozs.  fast,  14  were  2  ozs.  fast,  2  were  \-lA  ozs.  fast,  20 
were  I  oz.  fast,  and  6  were  Y*  oz.  fast,  making  a  total  of  45  scales 
in  constant  use  which  were  from  3  to  25%  against  the  customer 
on  an  average  weight  of  one  pound  of  commodity.  '  Numerous 
even-arm  platform  scales  were  also  out  of  balance.  No  dry  quart 
measures  were  in  evidence,  all  those  in  use  being  liquid  measures, 
although  no  liquids  were  sold  upon  the  market  place.  Some  of  the 
double  dry  measures  were  7%  or  more  short,  without  bearing 
external  sign  of  change,  while  others  had  very  palpably  been 
sawed  or  otherwise  tampered  with. 

Section  i  of  the  ordinance  of  October  i,  1858,  which 
is  the  only  ordinance  in  force  which  is  concerned  with  all 
market  houses  whether  owned  by  the  city  or  by  private 
parties,  is  as  follows: 

Every  basket,  box,  tub,  or  other  article  used  for  the  sale  of 
fruits,  vegetables,  or  berries  that  require  measurement,  in  market 
houses,  or  market  stands,  shall  have  the  fractional  part  or  parts 
of  a  bushel,  which  said  basket,  box,  or  other  article  will  contain, 
when  even-full,  labelled,  stamped  or  marked  thereon,  outside,  in 
plain  characters  of  at  least  one  inch  in  size  (Appendix  A, 
§§72,  74.) 

The  conditions  in  four  other  markets  are  described  as 
follows  : 


In  the  market  building  at  iQth  and  Market  streets  not  nearly 
so  much  apparatus  was  in  use,  but  conditions  were  similar  in 
almost  every  respect.  Here  were  scales  4  ozs.,  3  ozs.,  2  ozs.,  i  oz., 

44 


EXHIBIT  4 

Showing  excess  and  short  weight  in  twenty  purchases  of 
meats  at  the  Reading  Terminal  Market. 


and  ^2  oz.  fast,  the  total  faulty  spring  scales  numbering  nine. 
Measure  conditions  are  similar  to  the  above  market;  again  no 
quart  dry  measures  being  used. 

At  40th  and  Market  streets  inspection  showed  variations  of 
scales  frorn  one  to  four  ozs.  fast,  nine  faulty  spring  scales  alone 
being  observed.  Measure  conditions  were  largely  as  before. 

At  2nd  and  South,  19  incorrect  spring  scales  were  found  out 
of  the  small  number  in  use.  Here  also  counter  scales  were  largely 
out  of  balance  and  weights  were  being  used  on  the  extreme  edges 
of  the  plates  for  the  purpose  <of  giving  short  weight.  Tests  on 
such  scales  prove  they  can  be  thus  manipulated  an  ounce  or  more. 
In  the  market  building  at  2410  Kensington  Ave.,  very  little  busi- 
ness was  being  transacted  on  account  of  the  lateness  of  the  hour 
at  which  the  inspection  was  made,  yet  6  spring  scales  out  of  those 
in  use  were  fast  as  before. 

The  market  at  Second  and  South  streets  referred  to, 
is  one  of  the  two  market  houses  which  remain  in  the  pos- 
session of  the  city.  These  market  houses  are  in  charge 
of  the  bureau  of  city  property  (Appendix  A,  §§32-3.), 
and  under  the  immediate  supervision  of  clerks  of  the  mar- 
kets, who  are  directed  by  the  ordinance  of  October  19, 
1854  to  "weigh,  try,  and  examine  all  bread  ...  or 
other  provisions  [except  butter,  lard,  and  sausage]  sold  in 
loaves,  lumps,  or  parcels  purporting  to  be  of  a  given  or 
accustomed  weight  or  measure;  and  all  scales,  weights,  and 
measures,  which  are  found  in  markets  not  correct  to  the 
standard,  shall  be  forfeited"  (Appendix  A,  §§34,  73.) 

It  was  the  testimony  of  the  dealers  at  these  markets 
that  the  market  clerks  do  not  concern  themselves  with 
matters  of  weight  or  measure.  Whether  this  be  true  or 
not,  the  conditions  are  themselves  sufficient  evidence  that 
there  is  no  inspection  of  an  efficient  nature. 

At  the  South  Second  Street  market,  scales  were  seen 
which  were  "fast"  from  one  and  a  half  to  two  ounces. 
The  results  of  purchases  made  at  the  two  city  markets  are 
shown  in  Table  5  and  Exhibit  5.  It  will  be  seen  that  a 
large  number  of  purchases  in  each  market  were  short 
weight. 

45 


Table  5,  Showing  Excess  and   Shortage  in  Twenty  One- 
pound  Purchases  at  City  Markets 


Test 

Commodity 

Quantity  Received 

Percentage  of  Loss  to 

Pounds 

Ounces 

Dealer 

Customer 

2710 

Lard 

, 

14  10/16 

.  . 

8-5 

272 

Bacon 

I 

1/16 

•3 

273 

Scrapple 

I 

2/16 

•7 

274 

Liver 

<    I 

6/16 

2-3 

275 

Bacon 

15  11/16 

1.9 

276 

M 

-.. 

14  12/16 

.  . 

7.8 

277 

Liver 

I 

3/i6 

i.i 

278 

Bacon 

I 

10/16 

3-9 

279 

« 

13  12/16 

.. 

14.0 

28ot 

Sausage 

.    I 

15/16 

s-8 

•  • 

28l 

Bacon 

14    6/16 

IO.I 

282 

Liver 

14    1/16 

I2.O 

283 

Butter 

15    9/J6 

2.7 

284 

Bacon 

15  10/16 

1  .  * 

2-3 

285 

« 

15  13/16 

•  . 

I.I 

286 

« 

14    9/16 

.  . 

8.9 

287 

« 

15  12/16 

.  . 

i-5 

288 

Liver 

I 

3    3/i6 

19.3 

.   . 

289 

M 

I 

i     1/16 

6.t> 

.   . 

290 

Scrapple 

•• 

15    7/'6 

•  - 

3-5 

a  Tests  271-280  South  Second  Street  Market. 
b  Tests  281-290  North  Second  Street  Market. 

In  connection  with  this  table,  it  is  pertinent  to  quote 
section  13  of  the  ordinance  of  December  12,  1865: 

No  person  shall  bring  to  the  market  houses  or  market  places 
[belonging  to  the  city]  for  sale,  any  bread,  lard,  butter  or  other 
provisions  in  lumps,  loaves  or  other  parcels,  as  or  for  a  greater 
weight  or  measure  than  the  true  weight  and  measure  thereof,  or 
shall  employ  any  device  for  imposition  or  fraud  in  the  sale  of  any 
provisions  (Appendix  A,  §77.) 


The  penalty  is  a  fine  of  five  dollars  (Appendix  A, 
§78.)  This  ordinance  also  prescribes  that  "no  person 
shall  use  steel  yards  or  spring  balances  within  the  market 

46 


60% 


Showing  excess  and  shortage 
city  markets. 


EXHIBIT  5 

in  twenty  one-pound  purchases  at 


U  U  I  V.I!  I 


houses,  market  places  or  market  limits"  belonging  to  the 
city  (Appendix  A,  §76.)  The  penalty  is  a  fine  of  twenty 
dollars  (Appendix  A,  §78.)  The  reason  for  this  provision 
is  not  now  apparent.  Certainly  it  is  not  enforced,  and 
there  seems  no  reason  why  it  should  not  be  repealed. 

Bread 

There  is  a  law  which  requires  that  "all  loaf-bread 
made  for  sale  within  this  commonwealth,  shall  be  sold  by 
the  pound  avoirdupois",  under  penalty  of  ten  dollars  fine 
(Appendix  A,  §§36,  119.),  but  no  attempt  is  made  to  ob- 
serve this  requirement.  If  this  law  has  any  meaning  at  all, 
it  is  that  the  customer  is  entitled  to  know  the  weight  of  the 
loaf  which  he  buys.  It  is  the  general  opinion  that  loaves 
approximate  a  pound;  and  it  is  the  general  practice  of 
bakers  to  take  advantage  of  this  impression  and  to  make 
loaves  somewhat  lighter  than  a  pound,  except  for  an  occa- 
sional dealer  who  wishes  to  attract  trade  by  selling  a  mam- 
moth loaf  at  little  or  no  advance  over  cost.  The  price  of 
wheat  bread  is  universally  five  cents  a  loaf.  The  different 
weights  of  bread  which  the  purchaser  receives  ior  this 
amount  is  shown  in  Table  6  and  Exhibit  6. 

Table  6,  Showing  the  Variation  in  Weight  of  Loaves  of 
Bread  Purchased  From  Ten  Bakeries  at  Five  Cents 
Per  Loaf 


Test 

Weight  in  Ounces 

Percentage  of 
Shortage  on  One 
Pound 

Percentage  of 
Excess  on  One 
Pound 

26l 

23 

.. 

43-7 

262 

12    7/16 

22.2 

263 

15    3/i6 

5-o 

264 

15  10/16 

2.3 

.  . 

265 

14    4/16 

10.9 

•   .  . 

266 

15  15/16 

•3 

.  . 

267 

ii  15/16 

25-3 

268 

16    2/16 

•7 

269 

13 

18.7 

270 

14    6/16 

IO.I 

29476—1 


47 


Candy 

Upon  the  theory  that  the  result  would  be  representa- 
tive, ten  purchases  of  one-pound  boxes  of  candy  were  made 
in  as  many  stores  along  Chestnut  street.  The  details  of 
these  tests  are  presented  in  Table  7  and  Exhibit  7. 


Table  7,  Showing  Excess  and  Shortage  in  Ten  One-pound 
Purchases  of  Candy  in  Chestnut  Street  Stores 


Test 

Quantity  Received 

Percentage  of  Loss  to 

Pounds 

Ounces 

Dealer 

Customer 

251 

I 

I      I/l6 

6.6 

252 

I 

11/16 

4.2 

.  . 

253 

.1  J 

11/16 

4.2 

254 

15    9/*6 

2.7 

255 

.  . 

15  13/16 

I.I 

256 

15  13/16 

I.I 

257 

.  . 

14  13/16 

74 

258 

.  . 

15  14/16 

.  . 

7 

259 

•  . 

14    6/16 

.  . 

IO.I 

260 

I 

6/16 

2-3 

In  Test  251,  the  lid,  which  was  of  the  same  size  and 
weight  as  the  box  was  placed  on  the  weight  side  of  the 
scales.  In  Test  252,  the  candy  was  weighed  before  it  was 
placed  in  the  box.  In  Test  260,  an  ounce  weight  was  placed 
on  the  wreight  side  of  the  scales  to  counterbalance  the  box. 
The  result  in  each  case  was  over  weight.  In  Test  253,  the 
candy  was  weighed  in  the  box,  but  reweighing  showed  that 
generous  allowance  had  been  made  for  the  weight  of  the 
box.  In  Test  256,  the  lid,  which  was  about  one-third  the 
size  of  the  box,  was  placed  on  the  weight  pan,  and  a  small 
shortage  was  the  result.  In  Tests  254,  257,  and  259,  the 
candy  was  weighed  in  the  box,  with  a  resulting  shortage  in 
each  case.  The  candy  in  Tests  255  and  258  had  been  put 
up  and  weighed  before  it  was  ordered.  As  might  be  ex- 
pected, both  were  short  in  weight. 

48 


EXHIBIT   6 

Showing  variation  in  weight  of  loaves  of  bread  purchased  from 
ten  bakeries  at  five  cents  per  loaf. 


Dry  Goods 


Shortage  in  purchases  of  cloth  is  more  likely  to  appear 
in  width  than  in  length,  and  except  as  width  is  determined 
by  order  x>f  the  dealer,  this  is  a  problem  of  manufacture 
and  not  of  sale  at  retail.  Moreover,  cloth  is  ordinarily  cut 
to  a  pattern  which  requires  a  certain  length,  and  a  shortage 
is  likely  to  be  discovered.  And  women  generally  are  better 
judges  of  length  than  of  volume  or  of  weight.  For  these 
reasons,  the  matter  of  shortage  in  linear  measure  is  not  so 
troublesome  as  in  capacity  measure  or  in  weight.  In  order 
to  learn  what  measure  was  given  by  dealers  in  dry  goods, 
tests  were  made  of  articles,  in  which  the  consideration  of 
width  was  necessarily  not  a  factor.  For  this  purpose  rib- 
bon, braid,  and  elastic  were  chosen  for  testing,  and  the  re- 
sults of  the  tests  are  given  in  Table  8  and  Exhibits  8,  8A, 
and  8B. 

Table  8,   Showing   Result  in   200  Five-yard  Purchases  of 

Dry  Goods 


Purchases  Remeasured  Showed 

Total 

Commodity 

Pur- 

Correct  Measure 

Loss  to  Dealer 

Loss  to  Customer 

Number 

P.  Cent 

Number 

P.  Cent 

Number 

P.  Cent 

Elastic 

95 

I 

I 

18 

19 

76 

80 

Ribbon 

70 

2 

3 

40 

57 

28 

40 

Braid 

35 

I 

3 

22 

63 

12 

34 

Total 

200 

4 

2 

80 

40 

116 

58 

Eighty  per  cent,  of  the  purchases  of  elastic  were  short, 
as  were  40  per  cent,  of  the  purchases  of  ribbon.  Only  four 
tests  showed  even  measure.  In  Exhibit  8B,  it  appears  that 
about  5  per  cent,  of  the  purchases  were  over  five  inches  in 
excess  of  the  length  paid  for;  while  25  per  cent,  were  over 
five  inches  short. 

The  goods  were  measured  by  means  of  yard  sticks, 
tapes,  and  marks  on  the  edge  of  counters.  Counter-tacks 

49 


were  found  to  be  in  general  use,  but  there  were  also  notches 
and  line  marks  on  counters,  show  cases,  and  window  sills, 
which  were  not  readily  distinguishable.  One  woman  meas- 
ured elastic  by  taking  the  distance  from  her  nose  to  the 
extent  of  her  reach.  When  re-measured  a  five  yard  purchase 
of  elastic  was  found  to  be  four  yards  and  fourteen  inches 
long. 

It  was  found  that  when  both  high  priced  and  low 
priced  goods  were  purchased  from  the  same  store,  the  dif- 
ference in  price  was  not  a  factor  in  determining  the  meas- 
ure. Almost  without  exception,  the  dealer  who  gave  short 
measure  on  expensive  goods,  did  likewise  on  goods  sold  at 
a  few  cents  a  yard. 

Milk 

An  increasing  amount  of  milk  is  being  sold  in  bottles, 
and  there  are  thousands  of  milk  bottles  in  use  in  Philadel- 
phia; how  many,  it  would  be  impossible  to  determine  with 
accuracy.  There  is  no  law  in  Pennsylvania  governing  the 
size  of  milk  bottles,  but  manufacturers  in  this  state  attempt 
to  conform  to  the  requirements  of  the  laws  of  Massachu- 
setts and  of  New  York,1  which  allow  a  capacity  variation 
of  four  drams  either  way  on  the  quarts,  and  three  drams 
on  the  pint.  The  milk  in  the  bottles  should  reach  to  the 
cap  or  stopper.  It  would  seem  that  when  a  bottle  is  not 
filled  properly,  the  customer  can  be  safely  left  to  protect 
himself  either  by  means  of  a  remonstrance  or  by  a  change 
of  dealers. 

There  are  three  methods  of  making  glass  bottles:  by 
hand,  by  semi-automatic  machines,  and  by  automatic  ma- 
chines. The  first  method  is  now  practically  obsolete.  By 
means  of  the  semi-automatic  machines  it  is  possible  to  make 
bottles  which  will  conform  to  the  requirements  of  the 
Massachusetts  and  New  York  laws.  By  means  of  the  auto- 
matic machines  it  is  possible  to  make  bottles  with  approxi- 
mate accuracy  or  at  most  with  a  maximum  variation  of  two 

See  page  73. 

50 


EXHIBIT  7 

Showing  excess  and  short  weight  in  ten  one-pound  purchases  of 
candy  in  Chestnut  Street  stores. 


I!  U  I  V  .  0  l- 
L'  /,  Li  l:  0  U  K  I  /; 


drams.  Even  with  this  small  shortage,  in  the  thirty-two 
times  which  the  average  bottle  is  used,  the  shortage  on  the 
milk  would  represent  half  the  cost  of  the  bottle.  But  this 
is  a  smaU  amount,  for  the  cost  of  a  quart  bottle  is  four 
cents,  and  of  a  pint  bottle,  three  and  a  half  cents. 

To  require  the  degree  of  accuracy  possible  from  the 
use  of  the  automatic  bottle  machine,  however,  would  result 
in  putting  those  manufacturers  who  have  the  right  to  use 
them  in  full  control  of  the  local  milk  bottle  trade.  It  is  for 
this  reason  that  Massachusetts  and  New  York  have  adopted 
their  present  requirements,  and  Pennsylvania  cannot  do 
better  than  follow  their  example.  When  bottles  are  short 
of  those  requirements  it  is  because  they  have  been  ordered 
short;  and  this  is  a  practice  which  is  not  uncommon. 

It  is  generally  agreed  among  milk  dealers  that  there 
are  many  short  bottles  in  use  in  Philadelphia,  and  while 
many  of  the  dealers  are  making  an  honest  effort  to  discard 
them,  progress  is  slow  because  some  bottles  are  kept  by 
customers  and  returned  to  service  only  after  a  long  period 
of  time.  At  the  worst,  conditions  are  better  now  than  when 
handblown  bottles  were  in  common  use. 

It  is  obvious  that  any  test  of  less  than  several  thousand 
bottles  in  use  throughout  the  city  would  be  inconclusive, 
and  it  is  equally  obvious  that  this  would  be  impracticable  in 
an  investigation  of  this  nature.  What  was  done  was  to  as- 
certain what  are  the  important  factors  in  the  problem,  and 
this  information  is  here  presented. 

Conclusion 

The  present  investigation  might  have  been  extended 
indefinitely  to  other  lines  of  trade.  There  is  available  suffi- 
cient evidence  of  a  general  nature  which  would  lead  to  the 
belief  that  tests  of  hay,  grain,  and  mill  feed  as  delivered  in 
Philadelphia  would  produce  quite  as  interesting  results  as 
were  obtained  in  the  coal  tests.  The  accuracy  of  measures 
and  measuring  pumps  used  in  the  sale  of  gasoline  and  other 
liquid  commodities  in  general  use  might  also  be  subject  to 

51 


test.  Enough  evidence  of  a  specific  nature  has  been  pre- 
sented to  warrant  the  contention  that  what  is  needed  in 
Philadelphia  is  a  bureau  of  weights  and  measures,  with  an 
efficient  body  of  inspectors  and  ample  authority  in  legisla- 
tion. The  activity  of  such  a  bureau  would  not  be  confined 
to  the  subjects  considered  in  this  chapter,  but  it  would  ex- 
tend to  all  transactions  in  which  commodities  are  bought  or 
sold  by  weight  or  measure,  and  to  all  cases  in  which  com- 
pensation of  employees  is  determined  by  means  of  weigh- 
ing or  measuring  apparatus.  It  could  be  made  as  effective 
as  the  honest  men  and  women  of  the  community  desire ;  for 
violations  not  detected  by  the  inspectors  must  be  brought  to 
their  attention  by  the  householder.  As  a  fitting  conclusion, 
the  final  paragraphs  of  the  government  inspectors'  report 
are  appended : 

Honest  merchants  throughout  the  city  realize  the  importance 
of  an  inspection  and,  lacking  an  official  sealer,  are  driven  to  ob- 
tain help  in  various  other  ways.  Thus  the  "chain-stores"  estab- 
lish a  private  inspection;  a  large  milk  firm  has  measures  and 
graduates  sealed  by  the  city  sealer  of  Trenton,  N.  J.,  and  with 
these  they  test  new  bottles  and  accept  or  reject  them  as  they  are 
found  accurate  or  inaccurate;  and  this  firm  also  tests  bottles  and 
measures  for  others  upon  request.  The  Camden,  N.  J.  sealer  is 
frequently  called  in  to  settle  disputes  with  tests  by  his  standards 
throughout  the  city.  And  he  does  this  without  charge  as  an 
accommodation,  although  his  time  is  fully  filled  by  the  needs  of 
the  people  of  his  own  city,  by  whom  his  salary  is  paid. 

A  very  great  percentage  of  apparent  fraud  permeates  the 
business  of  the  city.  Large  amounts  are  being  lost  by  the  con- 
sumer through  the  ignorance  of  the  merchant  regarding  the  accu- 
racy of  his  apparatus.  The  total  loss  resulting  from  these  causes 
of  short  weight  and  measure  means  a  very  large  loss  to  the 
buying  public  of  the  city;  and  this  loss  will  undoubtedly  continue 
unabated  until  some  rigid  inspection  service  is  established  capable 
of  wiping  out  intentional  and  unintentional  fraud  alike. 


5HCTRT 


tt  VI 30  ft*- 

40% 


EXHIBIT  8 

Showing  excess,  correct,  and  short  measure  in  200  five-yard  pur- 
chases of  dry  goods. 


f  i 


IV 

A    SUGGESTED    REMEDY    IN    LEGISLATION 

Undoubtedly  something  could  be  done  toward  improv- 
ing the  weights  and  measures  situation  in  Philadelphia  if 
the  Mayor,  through  the  department  of  public  safety,  should 
decide  to  act  under  his  police  authority  (Appendix  A, 
§§27-8.)  A  special  commission  of  detectives  from  the 
bureau  of  police  might  be  assigned  to  the  duty  of  discover- 
ing violations  of  the  laws  and  ordinances,  and  bringing 
offenders  before  the  courts  (Appendix  A,  §§30-1.)  THE 
BUREAU  OF  MUNICIPAL  RESEARCH  stands  ready 
to  turn  over  the  specific  detail  of  the  tests  summarized  in 
the  foregoing  chapter,  with  names  of  dealers  and  full  par- 
ticulars, to  aid  in  such  a  movement;  but  this  material  can- 
not be  made  available  except  to  the  Mayor  or  other  legally 
constituted  authority.  It  is  seriously  questioned,  however, 
whether  much  lasting  good  would  come  of  such  a  move- 
ment. Furthermore,  it  is  submitted  that  after  having  so 
long  neglected  to  assert  themselves  in  the  matter  of  short 
weights  and  measures,  the  people  of  Philadelphia  and  of 
Pennsylvania  are  themselves  responsible  for  the  existence 
of  the  practices  of  which  they  are  the  victims.  It  is  true 
that  the  bureau  of  city  property  could  and  should  assert 
itself  to  establish  a  better  condition  of  affairs  in  the  city 
markets  (Appendix  A,  §§30,  32-4.),  but  of  thirty  or  more 
public  markets,  the  city  owns  but  two.  At  best  such  action 
would  solve  only  a  small  part  of  the  problem  of  protecting 
purchasers  from  the  dealers  and  the  dealers  from  unfair 
competitors.  The  evil  is  too  deeply  rooted  and  too  wide- 
spread for  half-way  measures.  What  is  wanted  is  a  law 
or  series  of  laws  dealing  with  the  subject  of  weights  and 
measures  in  a  comprehensive  way.  The  statutory  provi- 
sions could  be  elaborated  by  councils  to  fit  local  needs,  and 
the  situation  would  then  be  specifically  within  the  jurisdic- 
tion of  the  mayor  and  the  administrative  officials  who  would 

53 


be  appointed  to  deal  with  it.  In  default  of  state  action,  the 
city  should  proceed  at  once  to  establish  a  bureau  of  weights 
and  measures.1 

It  is  necessary,  therefore,  to  consider  carefully  and  in 
some  detail  what  legislation  is  necessary  or  desirable.  There 
are  already  many  good  laws  on  the  subject  which  need  not 
be  changed;  there  are  others  which  must  be  amended  to 
make  them  conform  to  the  needs  of  the  situation;  and  there 
are  still  others  which  should  be  repealed  wholly  or  in  part. 

Experience  has  demonstrated  that  when  legislation  on 
a  broad  general  subject  is  desired,  expediency  demands  that 
this  be  attempted  through  a  series  of  consistent  bills,  each 
designed  to  deal  with  one  specific  part  of  the  problem. 
Only  in  this  manner  can  the  essential  requirements  be  con- 
sidered apart  from  those  provisions  which  are  merely  de- 
sirable; only  in  this  manner  is  it  possible  to  insure  against 
the  failure  of  an  entire  program  of  legislation  because  of 
opposition  to  particular  sections. 

The  subject  of  weights  and  measures  legislation  natu- 
rally falls  under  five  main  divisions;  (i)  standards  and 
denominations,  (2)  the  manner  of  sale  of  various  com- 
modities or  classes  of  commodities,  (3)  the  penalty  for  acts 
intended  to  defraud  purchasers,  whether  through  shortage, 
substitution,  or  misrepresentation,  (4)  the  manner  of  in- 
spection by  administrative  officials,  and  (5)  the  marking  of 
the  net  contents  of  containers  in  terms  of  weight,  measure, 
or  numerical  count.  This,  then,  is  the  legislative  program 
that  is  proposed;  it  calls  for  five  separate  bills  which  shall 
cover  the  whole  subject,  but  in  such  a  way  as  to  make  it 
possible  to  consider  them  with  due  regard  to  their  relative 
importance.  The  suggestions  which  are  here  advanced,  are 
offered  with  due  recognition  of  the  fact  that  the  subject  is 
one  of  extremely  wide  ramifications,  affecting  many  varie- 
ties of  business.  They  are  frankly  tentative ;  but  considered 
with  due  reference  to  the  materials  which  have  been  already 
presented  in  this  report  and  to  the  digest  which  constitutes 

1  See  pege  19. 

54 


5MOR-y 


Of 


EXHIBIT  8a 


Showing  excess,  correct,  and  short  measure  in  200  pur 
chases  of  elastic,  ribbon,  and  braid. 


Appendix  A,  they  will  contribute  to  an  intelligent  and  com- 
prehensive discussion  of  the  subject. 

It  must  be  recognized  in  the  discussion  which  follows 
that  the  subject  of  legislation  is  considered  primarily  from 
the  standpoint  of  Philadelphia.  There  are  some  special 
laws,  enacted  before  the  adoption  of  the  present  constitu- 
tion, which  relate  to  other  cities  and  counties,  and  these  are 
not  within  the  scope  of  the  present  inquiry.  Neither  are 
the  more  recent  general  laws  which  do  not  affect  Philadel- 
phia as  the  only  city  of  the  first  class.  On  the  other  hand, 
there  are  many  laws  applicable  to  Philadelphia  but  to  no 
other  municipality.  This  should  be  kept  clearly  in  mind  by 
those  who  desire  a  set  of  uniform  weights  and  measures 
laws  for  all  the  local  governmental  units  in  the  state.  In 
most  instances  the  titles  of  the  various  acts  will  show  the 
extent  of  their  application,  and  when  they  do  not,  the  de- 
sired information  may  be  obtained  through  an  examination 
of  the  text  of  the  laws  themselves  as  presented  in  Appendix 
A.  After  an  examination  of  the  existing  law,  one  cannot 
but  be  surprised  that  there  are  already  so  many  excellent 
statutes  and  ordinances  which  need  to  be  changed  but  little 
or  not  at  all,  and  that  there  are  so  many  provisions  which 
are  unquestionably  obsolete.  With  some  amendments,  a 
few  new  provisions  of  statewide  application,  and  an  agency 
for  administering  the  law,  a  good  start  may  be  made  in  a 
movement  which  must  result  in  putting  business  throughout 
the  state  upon  a  higher  plane  of  fairness  and  honesty. 

Standards  and  Denominations 

The  act  of  April  15,  1834,  entitled  "An  act  to  fix  the 
standards  and  denominations  of  measures  and  weights  in 
the  commonwealth  of  Pennsylvania"  is  in  many  particulars 
operative  to-day.  In  conformity  with  its  provisions,  the 
state  obtained  in  three  installments,  in  1842,  1850,  and  1876, 
the  set  of  standards  and  balances  which  it  lost  in  1897,  as 
has  been  already  stated  in  the  Introduction.  Sections  4,  5, 
6,  7,  8,  9,  and  n  (Appendix  A,  §§10-15,  17.)  direct  the 

55 


governor  to  procure  certain  standards.  They  are  temporary 
in  their  nature,  obsolete  in  some  particulars,1  and  necessarily 
ineffective  in  view  of  the  loss  of  the  standards  to  which 
they  relate.  Section  10  (Appendix  A,  §24.)  directs  county 
commissioners  to  maintain  the  accuracy  of  county  standards 
by  comparison  with  the  state  standards.  The  matter  of 
verification  of  local  standards  is  important,  but  it  is  not 
within  the  scope  of  the  bill  under  discussion,  which  is  con- 
cerned only  with  standards  and  denominations.  Section  23 
of  the  act  of  April  14,  1838,  entitled  "An  act  to  authorize 
the  auditor-general  to  institute  suit  for  the  collection  of  any 
balance  which  may  be  found  due  from  Lawrence  L.  Minor, 
late  clerk  of  the  senate,  and  for  other  purposes"  (Appendix 
A,  § 1 6.),  is  a  supplement  to  these  provisions,  and  like  them 
it  is  temporary  and  obsolete.  Similarly,  section  2  of  the  act 
of  April  15,  1845,  entitled  "An  act  authorizing  the  secre- 
tary of  the  commonwealth  to  distribute  copies  of  the  stand- 
ard of  weights  and  measures,  and  for  the  appointment  of 
sealers"  (Appendix  A,  §§18,  21.).  is  obsolete.  There  seems 
no  good  reason  why  the  foregoing  sections  should  not  be 
amended  or  specifically  repealed. 

Sections  i,  2,  and  3,  of  the  act  of  April  15,  1834,  fix 
the  legal  standards  of  linear,  liquid,  and  dry  measure,  and 
of  weights  both  avoirdupois  and  troy.  The  corresponding 
standards  in  the  metric  system  have  been  already  fixed  by 
action  of  congress,  which  makes  unnecessary  further  state 
action  in  the  matter.  Section  i  of  the  act  in  question  ( Ap- 
pendix A,  §i.)  is  obsolete  in  part;  sections  2  and  3  require 
no  change.  Sections  12,  13,  14,  16,  and  17  (Appendix 
A,  §§4,  6,  8-9.),  fixing  the  denominations  of  the  standards, 
need  not  be  changed.  The  proviso  of  section  15  (Appendix 
A,  §7.),  which  defines  the  specifications  of  dry  measures,  is 
not  consistent  with  the  specifications  approved  by  the 
national  bureau  of  standards.  Furthermore,  the  matter  of 

1  The  matter  of  obsolescence  is  here  partly  technical  and  partly  legal.  The 
technical  changes  in  the  standards  are  set  forth  by  Mr.  Louis  A.  Fischer,  Chief 
of  the  division  of  weights  and  measures  of  the  national  bureau  of  standards, 
in  a  paper  on  the  "History  of  United  States  Weights  and  Measures."  published 
in  the  Proceedings  of  the  First  Conference  on  the  Weights  and  Measures  of 
the  United  States,  1905.  Washington,  1907:  6-24. 

56 


PUB  'aansuaui 


•spooS  Xap  jo  S9setp.md  002  ui 
'ssaoxa  jo  uoi;nqu;sip  SUI 


qg 


specifications  is  not  within  the  scope  of  the  proposed  bill, 
which,  as  has  been  already  said,  is  concerned  only  with 
standards  and  denominations.  The  results  of  the  forego- 
ing discussion,  which  is  necessarily  technical  and  complex, 
may  be  set  forth  in  the  form  of  concrete  suggestions. 
Act  of  April  15,  1834  to  be  changed  as  follows : 

Section  i.      (Appendix  A,  §i.)  To  read  as  follows: 

"The  standard  unit  of  all  measures  of  length,  shall  be 
the  'yard/  and  one-third  of  said  yard  shall  be  one  foot,  and 
one-twelfth  of  said  foot  shall  be  one  inch." 

Sections  2  and  3.     (Appendix  A,  §§2-3.)    No  change. 

Section  4.     (Appendix  A,  §10.)     To  read  as  follows: 

"It  shall  be  the  duty  of  the  governor  of  this  common- 
wealth1 to  procure,  within  [Insert  a  definite  interval  of 
time]  from  the  passage  of  this  act,  standard  weights,  meas- 
ures, and  apparatus,  to  replace  the  set  which  was  furnished 
to  this  commonwealth  by  the  government  of  the  United 
States,  in  accordance  with  a  joint  resolution  of  congress, 
approved  June  fourteenth,  one  thousand  eight  hundred  and 
thirty-six;  Provided,  however,  That  all  such  weights,  meas- 
ures, balances,  and  apparatus  shall  be  verified  by  the  national 
bureau  of  standards." 

Sections  5,  6,  7,  8,  9,  10,  and  n.  (Appendix  A, 
§§11-15,  I7-)  To  be  repealed. 

Sections  12,  13,  and  14.  (Appendix  A,  §§4-6.)  No 
change. 

Section  15.  (Appendix  A,  §7.)  To  be  repealed  as  to 
proviso  only. 

Sections  16  and  17.  (Appendix  A,  §§8-9.)  No 
change. 

Act  of  April  14,  1838,  section  23.     (Appendix  A,  §16.) 

To  be  repealed. 
Act  of  April  15,  1845,  sections  2  and  3.     (Appendix  A, 

§§18,  21-3,  25.)     To  be  repealed. 

1  Or  secretary  of  internal  affairs. 

57 


The  Manner  of  Sale  of  Various  Commodities  or  Classes 
of  Commodities 

In  common  with  the  other  states,  Pennsylvania  has  a 
body  of  law  prescribing  the  manner  in  which  various  com- 
modities, or  classes  of  commodities,  shall  be  sold.  Phila- 
delphia also  has  a  number  of  ordinances  of  the  same  nature. 
Many  of  these  provisions  relate  to  the  subject  of  dry  meas- 
ure, which  obviously  is  at  best  but  a  rough  and  approximate 
standard,  because  of  the  varying  size  and  density  of  differ- 
ent dry  commodities  as  well  as  of  the  same  dry  commodity 
in  different  instances  and  at  different  seasons.  To  meet  this 
difficulty,  various  laws  and  ordinances  have  been  adopted 
to  regulate  for  specific  commodities,  the  number  of  pounds 
or  the  number  of  cubic  inches  which  shall  constitute  a 
bushel.  There  are,  therefore,  in  Pennsylvania  and  else- 
where, certain  weights  and  units  of  volume  which  are 
"bushels"  only  in  name;  and,  moreover,  there  is  consider- 
able variation  among  the  different  states  as  to  the  require- 
ments for  the  same  commodity.  The  Pennsylvania  laws  of 
this  nature  relate  to  charcoal  (Appendix  A,  §37.),  clover 
seed  (Appendix  A,  §40.),  anthracite  coal  (Appendix  A, 
§§41-2.),  bituminous  coal  (Appendix  A,  §§47-9.),  coke 
(Appendix  A,  §50.),  potatoes  (Appendix  A,  §53.),  onions 
(Appendix  A,  §54.),  grain,  specifically,  barley,  buckwheat, 
corn,  oats,  rye,  and  wheat  (Appendix  A,  §§55-7.).  an(J 
foreign  salt  (Appendix  A,  §68.). 

Under  such  laws  it  is  possible  for  dealers  to  sell  vege- 
tables by  weight  at  the  season  when  they  are  green  and 
heavy,  and  by  measure  when  they  have  dried  out;  or  to 
buy  by  weight  at  wholesale,  and  to  sell  a  less  quantity  by 
measure  at  retail.  Such  practices  have  the  sanction  of 
custom,  and  although  the  statutory  provision  specifying  the 
number  of  pounds  or  cubic 'inches  to  the  bushel  would 
undoubtedly  be  accepted  as  governing  by  a  court,  it  would 
be  almost  impossible  for  a  purchaser  to  produce  evidence  of 
intention  to  defraud  so  long  as  the  dealer  used  accurate 

58 


dry  measures.  His  only  chance  to  recover  the  amount  of  the 
shortage  would  seem  to  be  either  to  prove  that  he  was  not 
present  when  the  measuring  was  done,  or  to  produce  evi- 
dence thaj:  although  the  dealer  used  accurate  dry  measures, 
he  neglected  to  fill  them  properly. 

In  view  of  the  fact  that  there  is  a  growing  tendency, 
particularly  throughout  the  West,  toward  the  sale  of  all 
dry  commodities,  and  in  some  instances  liquid  commodi- 
ties as  well,  by  weight  rather  than  by  measure,  there  would 
seem  to  be  little  need  for  additional  legislation  prescribing 
for  specific  commodities  the  minimum  weight  or  volume  of 
a  bushel,  except  to  provide  that  in  all  cases  in  which  existing 
laws  require  a  specific  number  of  pounds  or  cubic  inches  to 
constitute  a  legal  "bushel,"  for  a  fractional  part  of  a  bushel 
a  like  fractional  part  of  the  prescribed  weights  or  volumes 
shall  be  required.  It  might  be  well,  however,  to  enact  a 
law  defining  a  legal  barrel,  for  there  is  wide  variation  in 
the  size  and  capacity  of  barrels,  and  no  control  over  the 
manner  of  their  use,  except  in  the  case  of  salt  (Appendix  A, 
§67.)  Better  still  would  be  a  law  requiring  the  sale  of  all 
commodities  by  either  weight,  standard  measure,  or  numeri- 
cal count,  which  would  make  the  size  of  the  barrel,  bag,  or 
other  container  a  matter  of  no  importance  to  the  purchaser. 

It  would  be  well,  also,  to  amend  section  2  of  the  act 
of  March  10,  1817,  entitled  "An  act  for  the  better  regula- 
tion of  cord  wood  and  bark  exposed  to  sale  within  the  city 
and  county  of  Philadelphia"  (Appendix  A,  §§70,  117.),  so 
as  to  prescribe  the  minimum  volume  of  a  cord  of  wood 
when  sawed  and  split,  and  possibly  the  number  and  size  of 
barrels  necessary  to  contain  a  cord. 

Philadelphia  has  an  ordinance  which  in  some  particu- 
lars might  serve  as  a  model  for  the  state  at  large.  This  is 
the  ordinance  of  November  17,  1857,  entitled  "An  ordi- 
nance to  regulate  the  sale  of  fruits  and  vegetables"  (Ap- 
pendix A,  §52.),  which  requires  the  sale  of  fruits  and  vege- 
tables by  dry  measure  throughout  the  city.  The  manner  of 
using  dry  measures  is  a  subject  upon  which  legislation 

59 


would  seem  desirable;   particularly  as  to  what  commodities 
shall  be  sold  by  dry  measure. 

Section  2  of  the  act  of  April  i,  1797,  entitled  "An 
act  to  regulate  the  manner  of  selling  loaf-bread,  and  to 
repeal  certain  existing  laws  respecting  the  same"  (Appen- 
dix A,  §§36,  119.)  is  excellent  in  its  essential  particular, 
the  requiring  of  the  sale  of  bread  by  weight  and  not  by  the 
loaf.  Its  purpose,  however,  would  be  more  readily  effected 
if  it  were  amended  so  as  to  require  that  every  loaf  should 
bear  a  label  or  tag  stating  its  weight,  with  a  fair  allowance 
for  shrinkage.  The  variation  in  the  weights  would  then 
be  a  matter  of  no  concern  to  the  purchaser. 

There  are  two  provisions  still  on  the  statute  books 
which  would  seem  to  be  obsolete.  They  are,  an  act  passed 
in  1705,  entitled  "An  act  for  selling  beer  and  ale  by  wine- 
measure"  (Appendix  A,  §79.)*  and  section  10  of  the  act  of 
March  12,  1789,  entitled  "A  supplement  to  an  act  entitled 
'An  act  more  effectually  to  prevent  unfair  practices  in  the 
packing  of  beef  and  pork  for  exportation,  and  to  regulate 
the  exportation  of  flaxseed,  butter,  and  biscuit  in  kegs' ' 
(Appendix  A,  §80.)  So  also,  are:  the  act  of  May  27, 
1871,  entitled  "An  act  to  regulate  the  weight  of  anthracite 
coal  delivered  by  retail  coal  dealers  in  the  city  of  Philadel- 
phia" (Appendix  A,  §§43,  81-5,  87-8,  91-3,  95-6,  98-100.), 
and  its  supplement  of  April  3,  1872  (Appendix  A,  §§86, 
89-90,  94,  97,  101-2.);  the  act  of  September  22,  1785, 
entitled  "An  act  for  regulating  the  measurement  of  corn  and 
salt  imported  into  the  port  of  Philadelphia"  (Appendix  A, 
§§IO3-5.  112.);  sections  4  and  5  of  the  act  of  June  16, 
1836,  entitled  "An  act  supplementary  to  the  various  acts 
relating  to  orphans'  and  registers  courts,  and  executors  and 
administrators,  and  the  act  relating  to  the  measurement  of 
grain,  salt,  and  coal"  (Appendix  A,  §§106-7.);  tne  act  °f 
April  12,  1867,  entitled  "A  further  supplement  to  'An  act 
regulating  the  measurement  of  corn  and  salt  imported  into 
the  port  of  Philadelphia,  approved  the  twenty-second  day 
of  September,  one  thousand  seven  hundred  and  eighty- 

60 


five'"  (Appendix  A,  §108.)  ;  the  act  of  March  27,  1821, 
entitled  "An  act  to  regulate  inspections"  (Appendix  A, 
§§109,  in.);  section  19  of  the  act  of  April  12,  1842, 
entitled  "A  supplement  to  an  act,  entitled  'An  act  author- 
izing^the  governor  to  incorporate  the  Tioga  navigation  com- 
pany, passed  the  twenty-six  day  of.  February,  one  thousand 
eight  hundred  and  twenty-six,'  and  for  other  purposes" 
(Appendix  A,  §110.)  ;  sections  2  and  3  of  the  act  of  March 
23,  1819,  entitled  "An  act  prescribing  the  form  of  the 
bushel,  to  be  used  for  measuring  lime,  in  certain  counties 
therein  mentioned"  (Appendix  A,  §114-5.);  section  9  of 
the  act  of  April  14,  1838,  entitled  "An  act  relating  to  the 
commencement  of  actions,  to  appeals  from  county  auditors, 
and  for  other  purposes"  (Appendix  A,  §116.) ;  and  certain 
provisions  relating  to  corders  of  wood  in  sections  2  and  3 
of  the  act  of  March  10,  1817,  entitled  "An  act  for  the  better 
regulation  of  cord  wood  and  bark  exposed  to  sale  within 
the  city  and  county  of  Philadelphia"  (Appendix  A, 
§§117-8.)  ;  all  these  because  of  the  constitutional  provision 
"That  no  state  office  shall  be  continued  or  created  for  the 
inspection  of  any  merchandise,  manufacture,  or  commod- 
ity" (Constitution,  1874,  art.  3,  §27.) 

In  summary  form  these  suggestions  may  be  set  forth 
as  follows : 

Act  of  March  10,  1817  to  be  changed  as  follows: 
Section  2.  (Appendix  A,  §117.)  Strike  out  the 
words  "corders  or",  which  are  the  thirteenth  and  fourteenth 
words  from  the  end  of  the  section.  Add  to  the  section  the 
following:  "Provided,  however,  That  [Insert  volume  in 
cubic  feet;  a  figure  between  141  and  148  is  suggested.] 
cubic  feet  of  sawed  and  split  wood,  thrown  loosely,  shall 
constitute  a  cord ;  or  when  sawed  and  split  wood  is  thrown 
loosely  into  barrels,  [Insert  number  of  barrels]  barrels  of 
a  capacity  of  seven  thousand  and  twenty-six  (7026)  cubic 
inches,  shall  constitute  a  cord,  and  so  in  proportion  for  any 
barrel  of  greater  or  less  capacity." 

61 


Section  3.  (Appendix  A,  §118.)  Strike  out  all  ex- 
cept "If  any  person  shall,  within  the  said  limits,  sell  as  a 
cord  of  wood  or  bark,  for  fuel,  any  quantity  less  than  the 
standard  measure  prescribed  by  this  act,  he  shall  forfeit  and 
pay  the  sum  of  ten  dollars." 

Act  of  April  i,  1797  to  be  changed  as  follows: 
Section  2.  (Appendix  A,  §§36,  119.)  After  the  words 
"All  loaf-bread  made  for  sale,  within  this  commonwealth 
shall  be  sold  by  the  pound  avoirdupois/*  add  the  words, 
"And  when  offered  or  exposed  for  sale,  each  loaf  shall  bear 
a  label  or  tag  setting  forth  in  Arabic  numerals  of  at  least 
one-half  inch  in  height,  the  weight  of  the  said  loaf,  when 
thoroughly  baked,  in  ounces:  Provided,  however,  That  a 
reasonable  variation  from  the  weight  as  thus  stated  upon 
the  said  label  or  tag  shall  be  allowed." 

Act  of  April  3,  1872  to  be  changed  as  follows: 
Section   4.      (Appendix  A,    §101.)      Strike  out   the 
words,  "either  of  the  inspectors  or",  which  are  the  twenty- 
third  to  the  twenty-seventh  words  inclusive  from  the  end 
of  the  section. 

Sections  i,  2,  3,  5,  6,  7,  and  8.  (Appendix  A,  §§86, 
89-90,  94,  97,  102.)  To  be  repealed. 

Act  of  1705.     (Appendix  A,  §79.)    To  be  repealed. 

Act  of  March  12,  1789,  section  10.  (Appendix  A,  §80.) 
To  be  repealed. 

Act  of  May  27,  1871.  (Appendix  A,  §§43,  81-5,  87-8, 
9J-3'  95-6.  98-100.)  To  be  repealed. 

Act  of  September  22,  1785.  (Appendix  A,  §§103-5, 
112.)  To  be  repealed. 

Act  of  June  16,  1836,  sections  4  and  5.  (Appendix 
A,  §§106-7.)  To  be  repealed. 

Act  of  April  12,  1867.  (Appendix  A,  §108.)  To  be 
repealed. 

Act  of  March  27,  1821.  (Appendix  A,  §§109,  in.) 
To  be  repealed. 

62 


Act  of  April  12,  1842,  section  19.  (Appendix  A, 
§110.)  To  be  repealed. 

Act  of  March  23,  1819,  sections  2  and  3.  (Appendix 
A,  §§114-5.)  To  be  repealed. 

Act  of  April  14,  1838,  section  9.  (Appendix  A, 
§116.)  To  be  repealed. 

Additional  legislation  is  suggested  as  follows : 

An  act  prescribing  that  "in  all  cases  in  which  existing 
laws  require,  for  any  particular  commodity  or  class  of  com- 
modities, a  specific  number  of  pounds  or  cubic  inches  to  con- 
stitute a  bushel,  for  a  fractional  part  of  a  bushel,  a  like 
fractional  part  of  the  prescribed  weights  or  volumes  shall 
be  required." 

An  act  to  require  that  "all  commodities  which  shall  be 
sold  or  offered  or  exposed  for  sale  within  this  common- 
wealth, shall  be  so  sold  or  offered  or  exposed  for  sale  only 
by  weight,  standard  measures,  or  numerical  count." 

An  act  prescribing  the  commodities  or  classes  of  com- 
modities which  may  not  be  sold  by  any  other  measure  than 
dry  measure.  The  Philadelphia  ordinance  referred  to  above 
reads  in  part  as  follows  (Appendix  A,  §52.),  with  sug- 
gested changes  inserted  in  brackets : 

It  shall  not  be  lawful  for  any  person  or  persons  to  sell  within 
the  limits  of  the  [commonwealth]  any  potatoes,  tomatoes,  peaches, 
pears,  plums,  apples,  or  other  fruits,  or  vegetables,  [or  any  berries] 
requiring  measurement,  by  any  other  measure  than  the  bushel  and 
its  divisions,  .  .  .  and  for  each  and  every  sale  hereafter  made  by 
the  basket,  or  by  any  other  measure  or  measures  than  those  herein 
designated,  the  person  or  persons  making  the  same  shall  forfeit 
and  pay  the  sum  of  five  dollars. 

An  act  prescribing  that  "all  retail  dealers  of  coal,1  hay, 
straw,  grain,  or  mill  feed  shall  give  with  each  load  a  de- 
livery ticket  showing  the  name  of  the  purchaser  and  seller, 
the  net  weight  of  the  commodity,  and  the  number  of  bales, 
or  bags,  if  any,  on  the  load;  this  ticket  to  be  delivered  by 

1  See  Appendix   A,   §101,    as   to   provision    applying  to  Philadelphia   only. 

63 

29476— -ri 


the  driver  or  person  in  charge  of  the  wagon  or  other  vehicle 
to  some  person  in  charge  at  the  place  of  delivery ;  Or  in  case 
no  one  is  present  to  receive  it,  the  bill  shall  be  posted  in  a 
conspicuous  place  at  the  place  of  delivery  before  any  of  the 
load  is  removed  from  the  wagon  or  other  vehicle." 

The  New  York  law  as  to  coal  delivery  tickets  is  as 
follows : 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  deliv- 
ering coal  in  cities  of  the  first  or  second  class  to  deliver  or  cause 
to  be  delivered  any  quantity  or  quantities  of  coal  which  shall  have 
been  sold  by  weight,  without  each  such  delivery  being  accom- 
panied by  a  delivery  ticket,  and  a  duplicate  thereof,  on  each  of 
which  shall  be  in  ink,  or  other  indelible  substance,  distinctly 
expressed  in  pounds  the  quantity  or  quantities  of  coal  contained 
in  the  cart,  wagon  or  other  vehicle  used  in  such  delivery,  with 
the  name  of  the  purchaser  thereof  and  the  name  of  the  dealer  from 
whom  purchased.  One  of  such  tickets  shall  be  delivered  to  the 
purchaser  of  the  coal  specified  thereon,  and  the  other  of  such 
tickets  shall  be  retained  by  the  seller  of  the  coal.  Any  person, 
firm  or  corporation  who  shall  violate  the  provisions  of  this  section 
shall  be  liable  to  a  penalty  of  not  exceeding  fifty  dollars. — Consol. 
Laws,  1909,  c.  21,  art.  n,  §151. 

The  preceding  section  shall  not  apply  to  coal  delivered  by  the 
entire  cargo  direct  from  the  vessel  containing  the  same  to  one 
destination  and  accepted  by  the  purchaser  on  the  original  bill  of 
lading  as  proof  of  weight;  but  with  every  such  delivery  of  an 
entire  cargo  of  coal  in  any  city  of  the  first  or  second  cla-s.  there 
shall  be  delivered  to  the  purchaser  thereof  one  of  the  original  bills 
of  lading,  issued  by  the  person,  firm  or  corporation  by  whom  the 
coal  was  loaded  into  the  vessel  from  which  such  coal  is  delivered 
to  the  purchaser  of  the  entire  cargo  thereof,  on  each  of  which 
bills  of  lading  there  shall  be  in  ink  or  other  indelible  substance 
distinctly  expressed  the  date  and  place  of  loading  such  cargo,  and 
the  number  of  pounds  contained  therein.  Any  person,  firm  or 
corporation  who  shall  violate  the  provisions  of  this  section  shall 
be  liable  to  a  penalty  of  not  exceeding  fifty  dollars. — Consol.  Laws, 
1909,  c.  21,  art.  n,  §152. 

A  person  guilty  of  altering  with  intent  to  defraud,  any  original 
bill  of  lading  issyed  by  the  person,  firm  or  corporation  by  whom 
the  coal  was  loaded  into  the  vessel  in  which  such  coal  is  trans- 
ported to  any  city  of  the  first  or. second  class,  in  this  state,  or  of 
uttering  any  such  bill  of  lading  so  altered,  or  who  is  guilty  of 

64 


making,  preparing  or  subscribing  or  uttering  a  false  or  fraudulent 
manifest,  invoice  or  bill  of  lading  thereof,  or  removing  any  part 
of  such  cargo  of  coal  without  having  the  amount  thereof  certified 
to  in  writing  on  such  original  bill  of  lading,  by  the  person,  firm 
or  corporation  receiving  the  coal  so  removed,  and  by  the  captain 
of  the  vessel  containing  such  cargo,  is  punishable  by  imprison- 
ment in  a  state  prison,  not  exceeding  three  years,  or  by  a  fine  not 
exceeding  one  thousand  dollars,  or  both,  and  the  delivery  of  any 
fraudulent  bill  of  lading  to  any  purchaser  of  coal  shall  be  pre- 
sumptive evidence  of  uttering  the  same  with  criminal  intent. — 
Consol.  Laws,  1909,  c.  21,  art.  n,  §161. 

The  Massachusetts  law  provides  as  follows : 

Whoever  sells  coke  or  coal  by  weight  shall  without  cost  to 
the  purchaser  cause  the  goods  to  be  weighed  by  a  sworn  weigher 
of  the  city  or  town  in  which  they  are  weighed,  and  shall  cause  a 
certificate  stating  the  name  and  place  of  business  of  the  seller,  and 
either  the  identifying  number,  of  which  a  permanent  record  shall 
be  kept,  or  the  name  of  the  person  taking  charge  of  the  goods 
after  the  weighing,  as  given  to  the  weigher  on  his  request,  and 
the  quantity  of  the  goods,  to  be  signed  by  the  weigher.  Such  cer- 
tificate shall  be  given  to  said  person  and  shall  by  him  be  given 
only  to  the  owner  of  the  goods  or  his  agent  when  he  unloads  the 
same ;  and  every  such  person,  owner  or  agent  shall  on  request 
and  without  charge  therefor,  permit  any  sealer  of  weights  and 
measures  of  any  city  or  town  to  examine  the  certificate  and  to 
make  a  copy  thereof. — Rev.  Laws,  1902-8,  c.  57,  §88. 

The  Penalty  for  Acts  Intended  to  Defraud  Purchasers, 
Whether  Through  Shortage,  Substitution,  or  Misrepre- 
sentation 

We  have  already  the  act  of  June  5,  1883,  entitled  "An 
act  declaring  it  to  be  a  misdemeanor  to  use  and  sell  by  false 
beams,  scales,  weights  and  measures,  and  prescribing  pun- 
ishment therefor"  (Appendix  A,  §35. ),  which  is  broad  and 
comprehensive  in  its  terms.  There  are  also  many  penal 
clauses  in  the  laws  governing  the  manner  of  sale  of  specific 
commodities  or  classes  of  commodities,  but  with  more  or 
less  archaic  methods  prescribed  for  the  collection  and  dis- 
position of  fines.  It  is  possible  and  desirable  to  supplement 

65 


these  provisions  along  the  line  followed  in  the  New  York 
law.  The  following  sections  are  offered  as  suggestions : 

Keeping  false  weights  and  measures. 

A  person  who  retains  in  his  possession  any  weight  or  meas- 
ure, knowing  it  to  be  false,  unless  it  appears  beyond  a  reasonable 
doubt  that  it  was  so  retained  without  intent  to  use  it,  or  permit 
it  to  be  used  in  violation  of  the  last  section,  is  guilty  of  a  mis- 
demeanor.—Consol.  Laws,  1909,  c.  40,  art  216,  §2412. 

False  weights  and  measures  authorized  to  be  seized. 

A  person  who  is  authorized  or  enjoined  by  law  to  arrest 
another  person  for  a  violation  of  the  last  two  sections,  is  equally 
authorized  and  enjoined  to  seize  any  false  weights  or  measures 
found  in  the  possession  of  the  person  so  arrested,  and  to  deliver 
the  same  to  the  magistrate  before  whom  the  person  so  arrested 
is  required  to  be  taken. — Consol.  Laws,  1909,  c.  40,  art.  216, 

§2413- 

Weights  and  measures  may  be  tested  by  committing  magis- 
trate and  destroyed  or  delivered  to  district  attorney. 

The  magistrate  to  whom  any  weight  or  measure  is  delivered 
pursuant  to  the  last  section,  must  upon  the  examination  of  the 
defendant,  or  if  the  examination  is  delayed  or  prevented  without 
awaiting  such  examination,  cause  the  same  to  be  tested  by  com- 
parison with  standards  conformable  to  law;  and  if  he  finds  it  to 
be  false,  he  must  cause  it  to  be  destroyed,  or  to  be  delivered  to 
the  district  attorney  of  the  county  in  which  the  defendant  is  liable 
to  indictment  or  trial,  as  the  interests  of  justice  in  his  judgment 
require. — Consol.  Laws,  1909,  c.  40,  art.  216,  §2414. 

False  weights  and  measures  to  be  destroyed  after  com  irtinn 
of  offender. 

Upon  the  conviction  of  the  defendant,  the  district  attorney 
must  cause  any  weight  or  measure  in  respect  whereof  the  defend- 
ant stands  convicted,  and  which  remains  in  the  possession  or  under 
the  control  of  the  district  attorney,  to  be  destroyed. — Consol. 
Laws,  1909,  c.  40,  art.  216,  §2415. 

Concealing  foreign  matter  in  merchandise. 

A  person  who,  with  intent  to  defraud,  while  putting  up  in  a 

barrel,  bag,  bale,  box,  or  other  package, any  article  of 

merchandise  whatever,  usually  sold  by  weight  in  such  packages, 
places  or  conceals  therein  any  other  substance  or  thing  whatever, 
in  a  case  where  special  provision  for  the  punishment  thereof  is 
not  otherwise  made  by  statute,  is  guilty  of  a  misdemeanor. — Consol. 
Laws,  1909,  c.  40,  art.  40,  §434. 

False  labels. 

66 


A  person  who,  with  intent  to  defraud:  i.  Puts  upon  an  article 
of  merchandise,  or  upon  a  cask,  bottle,  stopper,  vessel,  case,  cover, 
wrapper,  package,  band,  ticket,  label,  or  other  thing,  containing 
or  covering  such  an  article,  or  with  which  such  an  article  is 
intended  to  be  sold,  or  is  sold,  any  false  description  or  other 
indication  of  or  respecting  the  kind,  number,  quantity,  weight  or 
measure  of  such  article,  or  any  part  thereof,  or  the  place  or  coun- 
try where  it  was  manufactured  or  produced  or  the  quality  or  grade 
of  any  such  article,  if  the  quality  or  grade  thereof  is  required  by 
law  to  be  marked,  branded  or  otherwise  indicated  on  or  with  such 
article ;  or, 

2.  Sells  or  offers  for  sale  an  article,  which  to  his  knowledge 
is  falsely  described  or  indicated  upon  any  such  package,  or  vessel 
containing  the  same,  or  labeled  thereupon,  in  any  of  the  particulars 
specified ;    or, 

3.  Sells  or  exposes  for  sale  .any  goods  in  bulk  to  which  no 
name   or  trade-mark  shall  be   attached,   and   orally   or   otherwise 
represents  that  such  goods  are  the  manufacture  or  production  of 
some  other  than  the  actual  manufacturer  or  producer,  in  TI  case 
where  the  punishment  for  such  offence  is  not  specially  provided 
for  otherwise  by  statute, 

Is  guilty  of  a  misdemeanor. — Consol.  Laws,  1909,  c.  40,  art. 
40,  §435- 

These  suggestions,  it  will  be  noticed,  do  not  cover  cases 
in  which  a  person  with  intent  to  defraud  knowingly  substi- 
tutes wholly  or  in  part  for  any  article,  merchandise,  com- 
modity, or  thing,  any  matter  or  substance,  whether  of  sim- 
ilar or  of  unlike  nature,  which  is  of  lower  quality  or  of 
lower  price  than  the  article,  merchandise,  commodity,  or 
thing,  which  it  is  represented  to  be.  Such  a  provision 
would  effectually  prevent  the  mixing  of  pea  coal  with  nut 
coal  and  selling  the  product  as  nut  coal,  the  watering  of 
hay  or  coal,  and  other  similar  practices  more  or  less  sanc- 
tioned by  custom. 

The  Manner  of  Inspection  by  Administrative  Officials 

At  the  third  annual  conference  on  the  weights  and 
measures  of  the  United  States,  a  set  of  model  national  and 
state  laws  on  the  subject  was  adopted,  in  order  that  uni- 


formity  of  kgislation  might  be  promoted.     They  are  given 
in  full  in  Appendix  B.1 

We  need  concern  ourselves  only  with  that  part  of  the 
document  which  begins  with  section  8. 

Section  8  does  not  fit  Pennsylvania  conditions,  as  the 
standard  set  of  weights  and  measures  furnished  by  the 
United  States  is  no  longer  in  existence.  As  a  substitute, 
the  following  is  suggested,  changes  being  indicated  in 
brackets : 

"The  weights,  measures,  and  balances  [procured  to  re- 
place the  set  which  was]  received  from  the  United  States 
under  a  resolution  of  congress,  approved  June  14,  1836, 
[and  verified  by  the  national  bureau  of  standards,]  and  such 
new  weights,  measures,  and  balances  as  shall  be  received 
from  the  United  States  as  standard  weights,  measures,  and 
balances  in  addition  thereto  or  in  renewal  thereof,  shall  be 
the  authorized  standards  by  which  all  county  and  municipal 
standards  of  weights  and  measures  shall  be  tried,  proved, 
and  sealed." 

In  connection  with  section  9,  it  will  be  helpful  to  con- 
sider the  cost  of  the  state  departments  in  New  York  and 
Massachusetts.  The  expenditures  of  Massachusetts  on  this 
account  amounted  to  $13,345.60  for  the  year  ended  Nov. 
30,  1909;  the  corresponding  figure  for  New  York  was  $10,- 
905.60,  for  the  year  ended  Sept.  30,  1909.  Massachusetts 
then  had  one  commissioner  at  $2000,  four  inspectors  at 
$1200,  one  clerk  at  $900,  and  one  clerk  at  $613.87.  New 
York  had  one  superintendent  at  $2OOO,2  one  inspector  at 
$1200,  three  inspectors  at  $1100,  and  one  clerk  at  $720. 
The  superintendent  of  weights  and  measures  of  the  District 
of  Columbia  receives  a  salary  of  $2500. 

The  subject  matter  of  sections  10,  n,  and  13,  would 
seem  to  be  covered  more  comprehensively  in  the  following 
extracts;  the  first  is  from  the  New  York  law,  the  second 
from  the  bill  to  be  considered  by  the  Wisconsin  legislature 
at  the  present  session : 


1  See    also    the    more    recent    recommendations    in    Appendix    C. 

2  Since  increased   to  $3500.     There  are  now   six   inspectors. 

68 


The  state  superintendent  of  weights  and  measures  shall  take 
charge  of  the  standards  adopted  by  this  article  as  the  standards  of 
the  state;  cause  them  to  be  kept  in  a  fireproof  building  belonging 
to  the  state,  from  which  they  shall  not  be  removed,  except  for 
repairs  or  for  certification,  and  take  all  other  necessary  precautions 
for  their  safe-keeping.  He  shall  maintain  the  state  standards  in 
good  order  and  shall  submit  them  once  in  ten  years  to  the  national 
bureau  of  standards  for  certification.  He  shall  correct  the  stand- 
ards of  the  several  cities  and  counties  and,  as  often  as  once  in 
five  years,  compare  the  same  with  those  in  his  possession,  and 
where  not  otherwise  provided  by  law  he  shall  have  a  general  super- 
vision of  the  weights,  measures  and  measuring  and  weighing 
devices  of  the  state,  and  in  use  in  the  state.  He  shall  upon  the 
written  request  of  any  citizen,  firm,  corporation  or  educational 
institution  of  the  state,  test  or  calibrate  weights,  measures,  weigh- 
ing or  measuring  devices  and  instruments  or  apparatus  used  as 
standards  in  the  state.  He,  or  his  deputies  or  inspectors  by  his 
direction,  shall  at  least  once  annually  test  all  scales,  weights  and 
measures  used  in  checking  the  receipt  or  disbursement  of  supplies 
in  every  institution  under  the  jurisdiction  of  the  fiscal  supervisor 
of  state  charities  and  he  shall  report  in  writing  his  findings  to 
said  fiscal  supervisor  and  to  the  executive  officer  of  the  institu- 
tion concerned;  and  at  the  request  of  said  officers  the  superin- 
tendent of  weights  and  measures  shall  appoint  in  writing  one  or 
more  employees,  then  in  actual  service,  of  each  institution,  who 
shall  act  as  special  deputies  for  the  purpose  of  checking  the 
receipt  or  disbursement  of  supplies.  He  shall  keep  a  complete 
record  of  the  standards,  balances  and  other  apparatus  belonging 
to  the  state,  and  take  receipt  for  the  same  from  his  successor  in 
office.  He  shall  annually  during  the  first  two  weeks  of  January 
make  to  the  legislature  a  report  of  the  work  done  by  his  office. 
The  state  superintendent,  or  his  deputies  or  inspectors  by  his 
direction,  shall  inspect  all  standards  used  by  the  counties  or  cities 
at  least  once  in  two  years  and  shall  keep  a  record  of  the  'same. 
He,  or  his  deputies  or  inspectors  at  his  direction,  shall  at  least 
once  in  two  years  visit  the  various  cities  and  counties  of  the  state 
in  order  to  inspect  the  work  of  the  local  sealers  and  in  the  per- 
formance of  such  duties  he  may  inspect  the  weights,  measures, 
balances  or  any  other  weighing  or  measuring  appliances  of  any 
person,  firm  or  corporation. — Consol.  Laws,  1909,  c.  20,  art.  2,  §11, 
as  amended  L.  1910,  c.  187,  §i. 

The  state  shall  have  a  complete  set  of  copies  of  the  original 
standards  of  weights  and  measures  adopted  by  this  article,  which 


shall  be  used  for  adjusting  county  standards,  and  the  original 
standards  shall  not  be  used  except  for  the  adjustment  of  this  set 
of  copies  and  for  scientific  purposes. 

The  state  superintendent  of  weights  and  measures  shall  see 
that  the  foregoing  provisions  of  this  section  are  complied  with  and 
procure  such  apparatus  and  fixtures,  if  the  same  have  not  already 
been  procured,  as  are  necessary  in  the  comparison  and  adjustment 
of  the  county  standards. 

He  shall  cause  all  the  city  and  county  standards  to  be  im- 
pressed with  the  emblem  of  the  United  States*  the  letters  "N.  Y.," 
and  such  other  devices  as  he  shall  direct  for  the  particular  county. 
— Consol.  Laws,  1909,  c.  20,  art.  2,  §12. 

He  shall  take  charge  of  the  standards  adopted  by  this  article 
as  the  standards  of  the  state;  cause  them  to  be  kept  in  a  fireproof 
building  belonging  to  the  state,  from  which  they  shall  not  be  re- 
moved except  for  repairs  or  for  certification,  and  take  all  other 
necessary  precautions  for  their  safe-keeping.  He  shall  maintain 
the  state  standards  in  good  order  and  shall  submit  them  once  in 
ten  years  to  the  National  Bureau  of  Standards  for  certification. 
He  shall  keep  a  seal  which  shall  be  so  formed  as  to  impress  the 
letters  "Wis"  upon  the  weights  and  measures,  scales  and  beams, 
sealed  by  him,  and  he  shall  correct  the  standards  of  the  several 
cities  and  counties,  and,  as  often  as  once  in  five  years,  compare 
the  same  with  those  in  his  possession  and  shall  seal  the  same  when 
tried  and  proved  to  be  in  conformity  with  the  state  standard 
weights  and  measures,  scales  and  beams,  aforesaid.  He  shall 
have  and  keep  a  general  supervision  of  the  weights  and  measures 
and  the  weighing  and  measuring  devices  of  the  state,  and  in  use 
in  the  state.  He  shall  upon  the  written  request  of  any  citizen, 
firm,  or  corporation  or  educational  institution  of  the  state,  test  or 
calibrate  weights,  measures,  weighing  or  measuring  devices  and 
instruments  or  apparatus  used  as  standards  in  the  state.  He,  or 
his  deputy  or  inspectors  by  his  direction,  shall  at  least  once  annu- 
ally test  all  scales,  weights  and  measures  used  in  checking  the 
receipt  or  disbursement  of  supplies  in  every  institution  under  the 
jurisdiction  of  the  State  Board  of  Control.  And  he  shall  report 
in  writing  his  findings  to  such  Board  of  Control  and  to  the  execu- 
tive officer  of  the  institution  concerned,  and  at  the  request  of  such 
officer,  the  superintendent  of  weights  and  measures  shall  appoint 
in  writing  one  or  more  employees,  then  in  the  actual  service  of 
such  institution,  who  shall  act  as  special  deputies  for  the  purpose 
of  checking  the  receipt  and  disbursement  of  supplies. 


He  shall  keep  a  complete  record  of  the  standards,  balances 
and  other  apparatus  belonging  to  the  state  and  take  receipt  for 
same  from  his  successor  in  office.  He  shall  annually  during  the 
second  week  in  January  make  to  the  governor  a  report  of  the 
work  done- by  his  office.  The  state  superintendent  or  his  deputy 
or  inspectors,  by  his  direction,  shall  inspect  all  the  standards  used 
by  the  counties  or  cities  at  least  once  in  each  two  years  and  shall 
keep  a  record  of  the  same.  He,  or  his  deputy  or  inspectors  by  his 
direction,  shall  at  least  once  in  each  two  years  visit  the  various 
cities  and  counties  of  the  state  in  order  to  inspect  the  work  of  the 
local  sealers ;  and  in  the  performance  of  such  duties,  he  may 
inspect  the  weights,  measures,  balances  or  any  weighing  or  meas- 
uring appliances  of  any  person,  firm,  or  corporation  and  shall  have 
the  same  powers  as  the  local  sealer  of  weights  and  measures.  The 
superintendent  of  weights  and  measures  shall  issue,  from  time  to 
time,  regulations  for  the  guidance  of  county  and  city  sealers  and 
the  said  regulations  shall  govern  the  procedure  to  be  followed  by 
the  aforesaid  officers  in  the  discharge  of  their  duties. — §1659. 

Sections  14,  17,  18,  19,  and  20  may  be  considered  to 
advantage  in  connection  with  the  following  section  from 
the  Wisconsin  bill,  which  is  better  than  the  New  York  law 
(Consol.  Laws,  1909,  c.  20,  art.  2,  §13,  as  amended  L.  1910, 
c.  187,  §i.)  from  which  most  of  its  provisions  have  been 
derived : 

Where  not  otherwise  provided  by  law,  the  county  sealer  shall 
have  the  power  within  his  county-  to  inspect,  test,  try  and  ascer- 
tain if  they  are  correct,  all  weights,  scales,  beams,  measures  of 
every  kind,  instruments  or  mechanical  devices  for  measurement 
and  tools,  appliances  or  accessories  connected  with  any  or  all  such 
instruments  or  measurements,  used  or  employed  within  the  county 
by  any  proprietor,  agent,  lessee  or  employee,  in  determining  the 
size,  quantity,  extent,  area  or  measurement  of  quantities,  things, 
produce,  articles  for  distribution  or  consumption  offered  or  sub- 
mitted by  such  person  or  persons  for  sale,  for  hire  or  award. 

He  shall  at  least  twice  in  each  year  and  as  much  oftener  as 
he  may  deem  necessary,  see  that  all  weights,  measures  and  weigh- 
ing and  measuring  apparatus  used  in  the  county  are  correct.  He 
may  for  the  purpose  above  mentioned,  and  in  the  general  per- 
formance of  his  official  duties,  enter  or  go  into  or  upon  and  with- 
out formal  warrant,  any  stand,  place,  building  or  premises  or  may 

71 


stop  any  vender,  peddler,  junk  dealer,  coal  wagon,  ice  wagon  or 
any  dealer  whatsoever,  for  the  purpose  of  making  the  proper  tests. 
Whenever  the  county  sealer  finds  a  violation  of  the  statutes 
relating  to  weights  and  measures  he  shall  cause  the  violator  to 
be  prosecuted.  Whenever  the  sealer  compares  weights  and  meas- 
ures and  finds  that  they  correspond  or  causes  them  to  correspond 
with  the  standards  in  his  possession  he  shall  seal  or  mark  the 
same  with  appropriate  devices  to  be  approved  by  the  state  super- 
intendent of  weights  and  measures.  The  sealer  shall  condemn 
and  seize  and  may  destroy  incorrect  weights  and  measures  and 
weighing  or  measuring  instruments  which  cannot  be  repaired; 
and  such  as  are  incorrect  and  yet  may  be  repaired  he  shall  mark 
or  tag  as  "condemned  for  repairs"  in  a  manner  prescribed  by  the 
state  superintendent  of  weights  and  measures.  The  county  sealer 
shall  keep  a  complete  record  of  the  work  done  by  him  and  shall 
make  an  annual  report  to  his  board  of  supervisors,  and  an  annual 
report,  duly  sworn  to,  not  later  than  the  first  of  December  to  the 
state  superintendent  of  weights  and  measures.  The  county  sealer 
of  weights  and  measures  shall  forthwith  on  his  appointment  give 
a  bond,  with  sureties  to  be  approved  by  the  appointing  power,  for 
the  faithful  performance  of  the  duties  of  his  office  and  for  the 
safety  of  the  local  standards  and  appliances  for  verification  as 
are  committed  to  his  charge  and  for  the  surrender  thereof  imnn-di- 
ately  to  his  successor  in  office  or  to  the  person  appointed  by  the 

proper  authority  to  receive  them. — §1661. 

• 

The  following  sections  are  also  worthy  of  attention; 
the  first  is  from  the  New  York  law,  and  the  second  from 
the  Kansas  law-: 

There  shall  be  a  city  sealer  of  weights  and  measures  to  be 
appointed  by  the  mayor  with  the  approval  of  the  common  council 
of  each  city.  He  shall  be  paid  a  salary  to  be  fixed  and  determined 
by  the  board  or  body  authorized  to  determine  salaries  of  city  offi- 
cials, and  no  fees  shall  be  charged  or  received  by  him  or  by  the 
city  for  the  inspection  or  testing  of  weights,  measures  or  weigh- 
ing or  measuring  devices.  He  shall  perform  in  his  city  the  duties 
of  and  have  like  powers  as  a  county  sealer  in  a  county.  This  sec- 
tion shall  not  apply  to  the  city  of  New  York. — Consol.  Laws,  1909, 
c.  20,  art.  2,  §14,  as  amended  L.  1910,  c.  187,  §i. 

Any  city  or  municipality  in  the  state  may1  establish  a  depart- 
ment of  public  inspection  of  weights  and  measures,  and  shall  have 

1  Better   "shall." 

72 


power  to  appoint  a  sealer  and  deputies  and  fix  their  compensa- 
tion, and  to  pass  such  ordinances  not  in  conflict  with  the  state 
laws  as  may  be  deemed  necessary;  and  if  a  city  or  municipality 
shall  establish  such  a  department  it  shall  provide  the  sealer  with 
suitable  quarters,  a  set  of  standards  as  hereinbefore  specified  in 
this  act,*  and  all  other  equipment  for  the  proper  performance  of 
his  duties.  All  city  and  municipal  standards  shall  be  tried,  proved 
and  sealed  under  the  direction  of  the  state  sealer,  and  shall  be 
returned  to  him  for  verification  at  least  once  in  every  five  years. — 
Gen.  Statutes,  1909,  c.  125,  §9765. 

Section  27  might  be  made  more  explicit  by  the  addition 
of  a  provision  that  the  state  commissioner  of  weights  and 
measures  shall  have  authority  to  prescribe  the  specifications 
for  all  weights,  measures,  balances,  and  measuring  devices 
which  may  be  used  within  the  state,  provided  those  speci- 
fications be  first  approved  by  the  national  bureau  of 
standards. 

It  is  submitted  that  the  local  sealing  of  milk  bottles  as 
provided  by  section  33  is  unnecessary.  The  law  need  only 
declare  that  milk  bottles  are  measures,  and  so  subject  to 
inspection  and  regulation;  and  that  they  need  be  sealed 
once  and  no  more. 

Massachusetts  (L.  1909,  c.  531.)  and  New  York  re- 
quire that  all  milk  bottles  used  in  the  state  shall  bear  a 
symbol  which  shall  identify  the  manufacturer  of  milk 
bottles.  The  New  York  requirement  is  as  follows: 

Bottles  used  for  the  sale  of  milk  and  cream  shall  be  of  the 
capacity  of  half  gallon,  three  pints,  one  quart,  one  pint,  half  pint 
and  one  gill,  filled  full  to  the  bottom  of  the  cap  ring  or  stopple. 
The  following  variations  on  individual  bottles  or  jars  may  be 
allowed:  six  drams  above  and  six  drams  below  on  the  half  gal- 
lon; five  drams  above  and  five  drams  below  on  the  three  pint; 
four  drams  above  and  four  drams  below  on  the  quart ;  three  drams 
above  and  three  drams  below  on  the  pint;  two  drams  above  and 
two  drams  below  on  the  half  pint,  and  two  drams  above  and  two 
drams  below  on  the  gill.  Bottles  or  jars  used  for  the  sale  of  milk 
shall  have  clearly  blown,  or  otherwise  permanently  marked,  in 
the  sides  or  bottom  of  the  bottle  the  name,  initials  or  trademark 
of  the  manufacturer  and  a  designating  number,  which  designating 

73 


number  shall  be  different  for  each  manufacturer  and  may  be  used 
in  identifying  the  bottles.  The  designating  number  shall  be  fur- 
nished by  the  state  superintendent  of  weights  and  measures  upon 
application  by  the  manufacturer,  and  a  record  of  the  designating 
numbers  and  to  whom  furnished  shall  be  kept  in  the  office  of  the 
superintendent  of  weights  and  measures. 

Any  manufacturers  who  sell  milk  and  cream  bottles  to  be  used 
in  this  state  that  do  not  comply  as  to  size  and  marking  with  the 
provisions  of  section  five-a  shall  suffer  a  penalty  of  five  hundred 
dollars,  to  be  recovered  by  the  attorney-general  in  an  action  to  be 
brought  in  the  name  of  the  people  of  the  state  of  New  York.  Any 
dealer  who  knowingly  uses  for  the  purpose  of  selling  milk  or  cream 
jars  or  bottles  purchased  after  this  law  takes  effect  that  do  not 
comply  with  section  five-a  as  to  marking  and  capacity  shall  be 
deemed  guilty  of  giving  false  or  insufficient  measure. — L.  1910, 
c.  470,  adding  §§53  and  5b  to  Consol.  Laws,  1909,  c.  20,  art.  2.  t 

The  model  law  does  not  provide  for  public  scales  for 
the  weighing  of  bulky  commodities,  particularly,  coal,  hay, 
straw,  grain,  and  mill  feed.  Upon  this  i>oint  the  following 
suggestions  are  offered : 

In  the  District  of  Columbia  there  are  public  scales 
which  are  owned  by  the  district  government.  They  are 
operated  by  private  individuals  under  annual  contracts, 
entered  into  as  a  result  of  open  bidding.  The  fees  to  be 
charged  for  their  use  are  prescribed  by  the  district  govern- 
ment. 

In  New  York  the  law  is  as  follows : 

There  may  be  designated  by  the  respective  mayors  of  the 
cities  of  the  first  and  second  class,  stationary  or  movable  scales, 
suitable  for  the  purpose  of  weighing  coal,  the  owners  of  which 
may  tender  the  same  for  public  use  in  different  parts  of  the  city 
in  such  convenience  in  number  and  locality  as  shall  be  deemed 
necessary,  on  which  the  coal  or  coal  vehicle,  with  or  without  coal, 
may  be  weighed  at  the  request  of  the  purchaser  of  the  coal.  The 
scales  so  designated  shall  be  provided  at  the  expense  of  the  owners 
thereof,  with  test  weights,  and  shall  be  subject  at  all  times  to  the 
inspection  and  supervision  of  the  sealers  or  inspectors  of  weights 
and  measures  in  such  city  who  shall  inspect  such  scales  at  least 
once  in  each  month.  Such  scales  shall  also  be  provided  by  the 
owner  thereof  with  a  competent  weigh  master.  The  owner  of 

74 


such  scales  shall  be  entitled  to  charge  for  weighing  coal  and  coal 
vehicles  containing  coal,  at  such  scales,  a  fee  of  not  exceeding 
fifteen  cents  per  ton  of  coal;  empty  vehicles  returning  to  such 
scale  after  delivery  of  the  coal  so  weighed  therein  sha41  be  re- 
weighed  without  further  charge. — Consol.  Laws,  1909,  c.  21,  art. 
ii,  §153- 

It  shall  be  the  right  of  every  purchaser  of  coal  in  any  of  the 
cities  of  the  first  and  second  class,  before  accepting  the  delivery 
of  the  same,  to  have  any  of  the  delivery  of  such  coal  weighed  at 
his  expense,  at  any  of  the  scales  designated  under  the  provisions 
of  the  preceding  sections,  provided  such  scales  are  within  a  half 
mile  of  the  place  of  loading  or  the  place  of  delivery  of  the  coal, 
and  for  this  purpose  to  require  that  any  vehicle  containing  coal 
purchased  by  him  shall  be  taken  by  the  driver  or  other  person 
in  charge  thereof  to  such  scales  for  the  purpose  of  having  the 
same  weighed,  and  after  the  delivery  of  the  coal  to  require  that 
the  vehicle  from  which  such  coal  so  purchased  shall  have  been 
delivered  shall  be  taken  by  the  driver  thereof,  or  any  other  person 
in  charge  thereof,  to  such  scales  to  be  weighed  at  the  expense  of 
the  purchaser  thereof,  and  a  certificate  of  the  weight  of  such  coal, 
so  weighed  as  aforesaid,  shall  thereupon  be  furnished  to  the  pur- 
chaser of  such  coal  by  the  owner  of  the  scales  at  which  such  coal 
is  so  weighed. — Consol.  Laws,  1909,  c.  21,  art.  n,  §154. 

The  refusal  of  any  seller  of  coal  to  permit  coal  purchased 
from  him  to  be  reweighed  at  the  request  of  the  purchaser  thereof, 
as  aforesaid,  or  any  driver  or  other  person  in  charge  of  a  vehicle 
containing  coal,  or  from  which  coal  has  been  delivered,  to  take 
the  same  at  the  request  of  the  purchaser,  to  such  scales  for  the 
purpose  of  having  the  same  weighed,  provided,  however,  that  the 
purchaser  of  such  coal  shall  have  first  paid  the  owners  of  the  scales 
or  the  seller  of  such  coal  or  the  driver  or  other  person  in  charge 
of  the  vehicle  containing  such  coal,  an  amount  sufficient  to  meet 
the  charges  for  weighing  such  coal,  shall  render  the  person,  firm 
or  corporation  selling  the  coal  liable  to  a  penalty  not  to  exceed 
fifty  dollars. — Consol.  Laws,  1909,  c.  21,  art.  n,  §155. 

The  owner  of  such  scales  so  designated,  shall  enter  into  a 
bond  with  the  city  in  which  such  scales  are  situated,  in  the  sum 
of  five  hundred  dollars  with  two  sufficient  sureties,  conditioned 
that  such  scales  shall  be  kept  in  such  condition  as  at  all  times  to 
properly  register  the  weight  of  coal,  and  that  the  person  weighing 
coal  thereat  shall  perform  his  duties  faithfully,  and  furnish  correct 
certificates  to  all  persons  having  coal  or  coal  vehicles  weighed  at 
such  scales.  The  amount  of  such  bond  shall  be  recoverable  at  the 

75 


suit  of  the  city  on  proof  that  any  conditions  thereof  have  not  been 
complied  with.  —  Consol.  Laws,  1909,  c.  21,  art.  n,  §156. 

Any  owner  of  such  scales  or  any  agent  or  representative  of 
his,  or  any  weighmaster  employed  by  him  thereat,  who  shall  be  in 
any  manner  concerned  in  any  fraudulent  weighing  of  coal  at  such 
scales,  shall  be  guilty  of  a  misdemeanor  and  shall  be  punishable 
by  a  fine  of  not  exceeding  five  hundred  dollars  or  by  imprison- 
ment for  one  year,  or  by  both  such  fine  and  imprisonment  —  Con- 
sol. Laws,  1909,  c.  21,  art.  n,  §158. 

Every  owner  of  such  scales  shall  keep  a  book  in  which  shall 
be  entered  in  ink  a  memorandum  of  every  load  of  coal  weighed 
at  such  scales,  showing  the  name  of  the  person,  firm  or  corpora- 
tion delivering  such  coal,  the  net  weight  thereof  as  shown  by  the 
delivery  ticket  thereof  of  such  person,  firm  or  corporation,  the 
name  of  the  purchaser  thereof,  the  gross  and  net  weight  of  the 
coal  so  weighed,  and  the  date  of  weighing.  Such  book  shall  be 
the  book  of  original  entries,  and  all  certificates  delivered  by  the 
owner  of  such  scales  shall  be  copies  of  the  entries  contained 
therein,  and  such  books  shall  at  all  reasonable  hours  be  open  to 
the  inspection  of  any  citizen.  —  Consol.  Laws.  1909,  c.  21,  art.  n. 


The  Massachusetts  law  is  as  follows: 

The  mayor  and  aldermen  of  a  city  or  selectmen  of  a  town  shall 
appoint,  and  may  remove,  weighers  of  coal,  one  of  whom  at  least 
shall  not  be  engaged  in  the  business  of  selling  coal,  who  shall  he 
sworn,  and  by  whom  all  coal  shall  be  weighed.  NTo  person  shall  be 
ineligible  for  appointment  because  of  the  fact  that  he  is  not  a 
resident  of  such  city  or  town,  notwithstanding  provisions  to  the 
contrary  in  any  general  or  special  act  or  city  charter.  —  Rev.  Laws, 
1902-8,  c.  57,  §83. 

A  sealer  of  weights  and  measures  of  a  city  or  town  in  which 
any  quantity  of  coke,  charcoal  or  coal  for  delivery  is  found  may 
in  his  discretion,  direct  the  person  in  charge  of  the  goods  to  con- 
vey the  same  without  delay  or  charge  to  scales  designated  by  such 
sealer,  who  shall  there  determine  the  quantity  of  the  goods,  and, 
if  they  are  not  in  baskets  or  bags,  shall  determine  their  weight 
with  the  weight  of  the  vehicle  in  which  they  are  carried,  and  shall 
direct  said  person  to  return  to  such  scales  forthwith  after  unload- 
ing the  goods;  and  upon  such  return,  the  sealer  shall  weigh  the 
vehicle.  The  scales  designated  by  the  sealer  as  aforesaid  may  be 
the  public  scales  of  the  city  or  town  or  any  other  scales  therein 

76 


which  have  been  duly  tested  and  sealed,  and  shall  be  such  scales^ 
as  are  in  his  judgment  the  most  convenient  of  those  available. — • 
Rev.  Laws,  1902-8,  c.  57,  §89. 

The  existing  laws  relating  to  the  duties  of  the  secre- 
tary of  the  commonwealth  and  of  the  county  commissioners 
in  the  matter  of  weights  and  measures  are  obsolete.  The 
following  action  is  therefore  suggested: 

Act  of  April  15,  1845,  entitled  "An  act  authorizing 
the  secretary  of  the  commonwealth  to  distribute  copies  of 
the  standard  of  weights  and  measures,  and  for  the  appoint- 
ment of  sealers."  (Appendix  A,  §§19,  21-3,  25.)  To  be 
repealed. 

Act  of  September  29,  1843,  entitled  "An  act  to  pro- 
vide for  the  ordinary  expenses  of  the  government,  and  for 
other  purposes,"  section  2.  (Appendix  A,  §20.)  To  be 
repealed. 

Act  of  April  15,  1834,  entitled  "An  act  to  fix  the 
standards  and  denominations  of  measures  and  weights  in 
the  commonwealth  of  Pennsylvania,"  section  10.  (Appen- 
dix A,  §24.)  To  be  repealed. 

As  suggested  above,  the  so-called  "model  law"  is  sus- 
ceptible of  improvement.  This  contention  has  been  sub- 
stantiated by  action  of  the  organization  which  drew  up  that 
document.  At  the  sixth  annual  conference  on  weights  and 
measures  held  in  Washington  on  February  17-18,  1911,  a 
new  "model  law"  was  adopted  in  the  form  in  which  it  ap- 
pears in  Appendix  C,  where  it  is  printed  for  the  first  time. 
Upon  examination  it  will  be  seen  that  several  of  the  changes 
suggested  in  the  foregoing  discussion,  have  been  incorpo- 
rated in  the  revised  draft. 

Sections  i  and  2  respectively  correspond  to  sections  8 
and  9  of  the  first  draft.  Section  3  corresponds  to  sections 
10,  u,  12,  and  13,  the  changes  generally  following  the  lines 
of  the  New  York  law  and  the  Wisconsin  bill,  to  which 
reference  has  been  already  made.  Section  4  corresponds  to 
section  17  of  the  first  draft.  Section  5  corresponds  to  sec- 

77 


tions  14,  1 8,  19,  20,  21,  and  24,  and  the  proviso  to  sections 
15  and  1 6  of  the  first  draft. 

Section  6  corresponds  in  part  to  section  14,  and  the 
proviso  to  sections  15  and  16  of  the  first  draft.  There  is 
need  here  for  changes  to  make  the  text  consistent  with 
existing  laws  concerning  municipal  officials  in  Philadelphia. 

Section  7  corresponds  to  sections  30  and  32  of  the  first 
draft.  The  penalty  proposed  is  unduly  severe.  Under  this 
section  as  it  stands,  a  person  could  be  imprisoned  for  an  act 
of  his  agent,  provided  that  act  were  the  second  offence 
against  the  law.  When  it  is  considered  that  a  large  busi- 
ness house  may  have  many  agents  concerned  with  the  de- 
livery of  goods,  it  is  apparent  that  this  section  would  put 
the  principal  to  an  undue  disadvantage.  A  large  coal 
dealer,  for  example,  cannot  be  justly  held  accountable  for 
the  acts  of  one  hundred  or  more  drivers  to  an  extent  which 
would  involve  imprisonment. 

Section  8  corresponds  to  section  18  of  the  first  draft. 
Section  9  corresponds  to  section  22  of  the  first  draft. 

Section  1 1  relating  to  milk  bottles  follows  the  Massa- 
chusetts and  New  York  laws.  The  New  York  law  has  been 
already  quoted.  The  variations  are  consistent  with  the 
working  agreement  between  the  machine  glass  bottle  and 
jar  manufacturers  and  the  glass  bottle  blowers1  association 
of  the  United  States  and  Canada,  and  experience  has  dem- 
onstrated that  they  are  fair  to  all  concerned. 

To  enact  the  first  sentence  of  section  12  would  be  in- 
consistent with  the  act  of  April  2,  1822,  entitled  "An  act  to 
regulate  the  sale  of  stone  coal  within  the  city  and  county  of 
Philadelphia,  and  to  prevent  the  adulteration  of  linseed  oil"1 
(Appendix  A,  §§41-2.)  As  already  suggested,  this  is  a 
good  law  which  should  be  continued,  though  a  change  in  the 
penalty  clause  would  seem  advisable. 

We  have  already  in  the  act  of  April  i,  1797,  entitled 
"An  act  to  regulate  the  manner  of  selling  loaf-bread,  and 

1  See  pages  29-30. 

78 


to  repeal  certain  existing  laws  respecting  the  same"  (Ap- 
pendix A,  §§36,  119.),  the  requirement  that  loaf-bread  shall 
be  sold  by  weight;  and  a  suggestion  that  loaves  be  marked 
with  the  statement  of  weight  has  been  already  advanced  in 
this  chapter.1 

With  the  materials  now  available  it  should  be  possible 
to  draw  up  a  bill  providing  for  an  effective  system  of  regu- 
lation and  inspection  of  weights  and  measures  for  the  state 
of  Pennsylvania. 

The  Marking  of  the  Net  Contents  of  Containers  in  Terms 
of  Weight,   Measure,   or   Numerical  Count 

Two  states,  North  Dakota  (Rev.  Codes,  1905,  §2119.) 
and  Nebraska  (Comp.  Statutes,  1909,  c.  33,  §8.)  have  laws 
which  require  that  the  net  contents  shall  be  shown  on 
containers.  In  other  states  there  has  been  sufficient  oppo- 
sition to  prevent  the  adoption  of  similar  laws.  Section  8 
of  the  act  of  April  n,  1850,  entitled  "An  act  authorizing 
the  appointment  of  an  auctioneer  or  auctioneers  in  the  bor- 
ough of  Easton;  and  relative  to  the  claim  of  Samuel  Rice 
of  Chester  county;  to  incorporate  the  art  union  of  Phila- 
delphia; relative  to  short  measure  and  weight  in  the  sale 
of  dry  goods  and  groceries;  and  to  the  fees  of  the  sheriff 
of  Philadelphia"  (Appendix  A,  §51.)  is  the  nearest  ap- 
proach to  such  a  law  in  Pennsylvania,  and  the  impracticable 
manner  prescribed  for  the  obtaining  of  relief  under  the  act 
makes  it  of  little  or  no  value.  The  Philadelphia  ordinance 
of  October  i,  1858,  entitled  "A  supplement  to  an  ordinance 
entitled  'An  ordinance  to  regulate  the  sale  of  fruits  and 
vegetables  approved  November  I7th,  1857'  "  (Appendix  A, 
§74.),  which  applies  to  all  market  houses  and  market  stands 
within  the  limits  of  the  city,  requires  that  containers  of 
fruits,  berries,  and  vegetables  that  require  measurement, 
shall  be  marked  with  a  statement  of  capacity  in  terms  of 
dry  measure.  This  ordinance  dates  back  to  a  period  \vhen 
the  city  owned  eleven  market  houses.  As  it  now  owns  but 


1  See  pages  60  and  62. 

79 

29476— (i 


two,  and  as  the  jurisdiction  of  the  clerks  of  the  markets  is 
limited  to  those  belonging  to  the  city,  the  ordinance  is  in- 
operative. It  is  excellent,  however,  and  with  adequate  pro- 
vision for  its  enforcement,  it  could  be  made  effective. 

The  act  of  congress  of  June  30,  1906,  entitled  "An 
act  for  preventing  the  manufacture,  sale  or  transportation 
of  adulterated  or  misbranded  or  poisonous  or  deleterious 
foods,  drugs,  medicines,  and  liquors,  and  for  regulating 
traffic  therein,  and  for  other  purposes,"  commonly  known  as 
the  "Pure  food  and  drug  act,"  has  to  do  mainly  with  qual- 
ity. It  does,  however,  require  that  food  shall  be  consid- 
ered as  misbranded  under  the  law  "if  in  package  form,  and 
the  contents  are  stated  in  terms  of  weight  or  measure,  they 
are  not  plainly  and  correctly  stated  on  the  outside  of  the 
package,"  (34  Statutes  at  Large,  770-1.),  but  this  has  only 
had  the  effect  of  causing  many  manufacturers  to  refrain 
from  stating  the  weight  or  measure  of  the  contents  of  a 
container.  Bills  have  since  been  introduced  to  amend  the 
act  so  as  to  require  that  food  shall  be  considered  as  mis- 
branded  "if  in  package  form,  the  net  quantity  of  the  con- 
tents be  not  plainly  and  conspicuously  marked  on  the  out- 
side of  the  package  in  terms  of  weight,  measure  or  numeri- 
cal count"  (61  Cong.  3  Sess.,  H.  R.  29866.),  and  eventually 
the  attempt  to  obtain  adequate  national  legislation  to  this 
effect  will  succeed.  THE  BUREAU  OF  MUNICIPAL 
RESEARCH  has  made  no  study  of  this  part  of  the  subject 
of  weights  and  measures,  as  the  situation  is  one  which  can 
be  best  remedied  through  national  legislation.  Its  one  sug- 
gestion upon  this  point  is  that  the  ordinance  of  October 
i,  1858,  can  and  should  be  enforced. 


80 


APPENDIX  A 

Digest  of  Laws  and  Ordinances  Relating  to  Weights  and 
Measures  in  Philadelphia 

Syllabus 

I.  Standards  of  weights  and  measures 

1.  Linear  measure 

2.  Liquid  and  dry  measures 

3.  Weight 

II.  Denominations 

1.  Linear  measure 

2.  Superficial  measure 

3.  Liquid  measure 

4.  Dry  measure 

5.  Weight — troy 

6.  Weight — avoirdupois 

III.  Administrative  agents  who  are  authorized  or  required 

(by  either  general  or  specific  organic  provi- 
sions) to  act  in  matters  concerning  weights  and 
measures 

1.  Governor 

a.  To  procure  standards 

b.  To  furnish  copies  of  standards  to  county 

commissioners 

2.  Secretary  of  the  commonwealth 

a.  To  have  custody  of  standards 

b.  To  furnish  copies  of  standards  to  county 

commissioners 

3.  County  commissioners 

a.  May  apply  for  copies  of  standards 

b.  To  maintain  accuracy  of  copies  of  stand- 

ards 

81 


c.  To  establish  true  meridian  lines  and 
fixed  standard  measures  for  sur- 
veyors' chains 

4.  Mayor  of  Philadelphia 

a.  To   cause  laws  and   ordinances   to  be 

enforced 

b.  May  recommend  measures  to  councils 

5.  Director  of  the  department  of  public  safety 

a.  Responsible  for  police  officers,  and  for 
inspection  of  markets 

6.  Police  officers  and  constables  in  Philadelphia 

a.  May  arrest  without  warrant  for  viola- 
tion of  any  ordinance 

7.  Chief  of  the  bureau  of  city  property 

a.  To  care  for  all  market  houses  belonging 

to  the  city 

b.  May  prescribe  duties  of  clerks  of  the 

markets 

8.  Clerks  of  the  markets 

a.  To  examine  provisions  (with  certain 
exceptions)  in  the  market  houses 
and  market  stands  belonging  to  the 
city;  to  condemn  inaccurate  scales, 
weights,  and  measures;  and  to 
prosecute 

IV.  Law  (in  force)  governing  the  purchase  and  sale  of 

commodities  in  general 

i.     Misdemeanor  wilfully  to  sell  by  false  beams, 
scales,  weights,  and  measures. — Penalty 

V.  Laws  and  ordinances  (in  force)  governing  the  pur- 

chase   and    sale    of    specific    commodities,    or 
classes  of  commodities 
i.     Bread 

a.     To  be  sold  by  the  pound  avoirdupois. — 
Penalty 
82 


2.  Charcoal 

a.     Standard  bushel. — Penalty 

3.  Clover  seed 

a.     Standard  bushel 

4.  Coal-^anthracite 

a.  Standard  bushel. — Penalty 

b.  Standard  ton. — Penalty 

5.  Coal — bituminous 

a.  Standard  bushel 

b.  Standard    bushel    and    standard   ton. — 

Penalty 

6.  Coke 

a.     Standard  bushel 

7.  Dry  goods  and  groceries 

a.  Misrepresentative  markings  and  mis- 
statements  of  numerical  count  or  of 
net  weight. — Penalty 

8.  Fruits  and  vegetables  in  general;    and  spe- 

cifically:   apples,    peaches,    pears,    plums, 
onions,  potatoes,  and  tomatoes 

a.  To  be  sold  by  dry  measure. — Penalty 

b.  Standard  bushel — [white]  potatoes 

c.  Standard  bushel — onions 

9.  Grain ;  specifically :  barley,  buckwheat,  corn, 

oats,  rye,  and  wheat 
a.     Standard  bushel 
10.     Hay  and  straw — baled 

a.  To  be  marked  with  gross  and  net  weight. 

—Penalty 

b.  Misdemeanor    fraudulently   to   increase 

weight  by  inclusion  of  any  concealed 
or  exposed  matter. — Penalty 

c.  Amount  of  wood  or  other  material  used 

in  baling  limited 


d.  Misdemeanor  to  mark  a  bale  higher  than 
actual  weight;  also  to  exceed  legal 
limit  of  wood  or  other  material  used 
in  baling. — Penalty 

11.  Lime 

a.     Standard  bushel  measure 

12.  Lumber  used  in  cooperage 

a.     Standard  "thousand" 

13.  Milk  and  cream 

a.  To  be  sold  by  liquid  measure,  weight,  or 

percentage  of  butter-fat. — Standard 
gallon 

b.  Misdemeanor    to    sell    by    other    than 

legally    prescribed    methods. — Pen- 
alty 

14.  Salt — domestic 

a.     Standard  barrel 

15.  Salt — foreign 

a.     Standard  bushel 

1 6.  Wood  and  bark 

a.  Standard  cord— dimensions 

b.  Standard  cord  and  standard  ton — bark 

VI.  Ordinance   (in  force)   governing  the  purchase  and 

sale  of  fruits,  berries,  and  vegetables  in  market 
houses  and  market  stands  generally 
I.     Containers  to  be  marked  with  capacity   in 
terms  of  dry  measure 

VII.  Ordinance   (in  force)  governing  the  purchase  and 

sale  of  fruits,  berries,  vegetables,  bread,  lard, 
butter,  and  other  provisions  in  market  houses 
and  market  stands  belonging  to  the  city 
i.     Clerks  of  the  markets  to  condemn  incorrect 
scales,  weights,  and  measures 


2.  '  Containers  of  fruits,  berries,  and  vegetables 

to  be  marked  with  capacity  in  terms  of 
dry  measure 

3.  ;  Standard  bushel  for  white  potatoes  and  for 

sweet  potatoes 

4.  Use  of  steelyards  and  spring  balances  forbid- 

den.— Penalty 

5.  Misrepresentation  of  true  weight  or  measure 

of  bread,  lard,  butter,  or  other  provisions 
forbidden. — Penalty 

VIII.  Laws  (obsolete)  governing  the  purchase  and  sale  of 

specific  commodities 

1.  Beer  and  ale 

a.  To  be  sold  by  English  beer  measure 
except  when  drunk  in  inns  or  tav- 
erns 

2.  Biscuit  intended  for  interstate  commerce 

a.     Standard  keg. — Penalty 

IX.  Laws  and  ordinances  intended  to  govern  the  purchase 

and  sale  of  specific  commodities,  but  inopera- 
tive, wholly  or  in  part,  because  of  lack  of  spe- 
cific  administrative   agents    required    for   their 
enforcement 
i.     Coal — anthracite 

a.  Standard  ton 

b.  Inspection  districts  established  in  Phila- 

delphia 

c.  Governor,   councils,  and  mayor  to  ap- 

point inspectors 

d.  Candidates  for  inspector  to  have  no  in- 

terest in  coal  mining  or  trade 

e.  Inspectors  to  stamp  or  brand  delivery 

vehicles  with  capacity 

f.  Unlawful  to  use  unbranded  vehicles  or 

to  change  capacity  of  branded  vehi- 
cles 

85 


g.     Inspectors  may  arrest 

h.     Inspectors  may  test  weight  of  loads. — 

Penalty 
i.      Inspectors   to   notify   dealers   of   short 

weight 
j.     Retail  dealers  subject  to  fine  for  short 

weight,   or   for  use  of   unbranded 

vehicle 
k.     Salary  of  inspectors. — Inspectors  to  be 

sworn 

1.      Tax  on  retail  dealers 
m.    Inspection  fees 
n.     Retail  dealers  to  furnish  delivery  tickets 

showing  quantity  of  each  load. — 

Penalty 
o.     Procedure  for  recovery  of  penalties 

2.  Grain  and  salt — imported 

a.  Governor  to  appoint  measurer  of  corn 

and  salt 

b.  Measurer  of  corn  and  salt  to  measure 

imported  grain  and  salt 

c.  Measurer  of  corn  and  salt  may  remove 

deputies 

d.  Buyers  to  receive  certificates  of  weight 

e.  Fees 

3.  Lime 

a.  Standard  bushel  measure 

b.  Courts    to    appoint    officials    to    brand 

bushel  measures. — Penalty 

4.  Marble 

a.     Governor  to  appoint  measurer  of  marble 

5.  Wood 

a.     Standard  cord. — Penalties 

X.  Laws  and  ordinances  intended  to  govern  the  purchase 
and  sale  of  fruits,  berries,  vegetables,  and  bread 
in  market  houses  and  market  stands  belonging 

86 


to  the  city,  but  inoperative,  wholly  or  in  part,_ 
because  of  lack  of  official  sealers  of  weights  and 
measures 

1.  Clerks  of  the  markets  to  test  weights  of  loaves 

of  bread. — Penalty 

2.  Clerks  of  the  markets  to  test   accuracy   of 

marks  setting  forth,  in  terms  of  dry  meas- 
ure, the  capacity  of  containers  of  fruits, 
berries,  and  vegetables. — Penalty 

3.  Sales  to  be  made  only  by  legally  regulated 

and  stamped  weights  and  measures  and 
by  accurate  scales. — Penalty 

XL  General  penal  provisions,  inoperative  in  Philadelphia 
because  of  lack  of  official  sealers  of  weights  and 
measures 

1.  For  failure  to  comply  with  recommendations 

of  sealers,  or  for  selling  by  false  beams, 
scales,  weights,  or  measures 

2.  For  offering  for  sale  any  unsealed  dry  meas- 

ures 

3.  For  altering  sealed  measure,  or  selling  by  the- 

same 

4.  Appeals 

•  5.     Disposition  of  fines 


Table  of  Statutes   (Pamphlet  Laws) 


(Reference*  are  to  sections) 


1705. 
1785, 
1789, 
1794, 


1818, 

1819, 
1821, 
1822, 
1834. 
1836, 
1838, 
1842, 

1843, 

1845, 
1846. 

1849, 
1850, 

18 


79 


22  Sept.,  103-105,  112 
12  Mar.,  80,  80  n. 

22  Apr.,  103  n. 
i  Apr.,  36,  119 

10  Mar.,  69-70,  117-118 
10  Mar.,  55,  68 

23  Mar.,  63,  113-1 15 
27  Mar.,  109,  in 

a  Apr.,  41-42 

15  Apr.,  1-15,  17,  24 

1 6  June,  106-107 

14  Apr.,  16,  116 
1 8  Mar.,  124 

12  Apr.,  no 
29  Sept.,  20 

15  Apr.,  18-19,  21-23,  as,  123 

16  Apr.,  55  n.,  56 


21  Apr.,  125-127 
23  Mar.,  47 


,867, 
1871, 
1872, 
1876, 

1877, 
1878, 
1883, 


1885. 
1891, 

1895. 


1897, 
1901. 
'903, 
1907, 


n  Apr.,  51 

26  Apr.,  26,  26  n. 

2  Feb.,  27 

27  Apr.,  64 
n  Apr.,  50 
12  Apr.,  1 08 

27  May,  43,  81-85.  87-88,  91-93,  95-96,  96  n.,  98-100 

3  Apr..  86,  89-90,  94,  97,  101-102,  102  n. 
3  May,  31 

8  May,  60 

24  Mar.,  67 

1 8  May,  48-49,  49  n. 

S  Mar.,  123  n. 

17  May,  34  n.,  73  n. 

5  June,  35 

i  June,  art.  28-30,  42  n.,  118  n.,  120  n.,  127  n. 

12  May,  37,  37  n. 

i  Tune,  s*  n.,  53,  S3  »-,  7«,  75  n. 

8  May,  54.  54  n. 

24  June.  40.  40  n. 

26  June,  44-46,  46  n.,  81  n. 

30  Mar.,  57,  57  n. 

1 1  Apr.,  59,  61-62.  6*  n. 

8  Apr.,  30,  30  n..  42  n.,  118  n.,  120  n.,  127  n. 

15  Apr.,  65-66,  66  n. 


Constitution.  39  n.,  45  n.,  51  n.,  90  n.,  in  n..  114  n..  115  n.,  118  n.,  125  n. 


1854,  >9  Oct.,  3*34,  73 

1857,  17  Nov.,  52 

1858,  i  Oct.,  72,  74-75, 

1864,  23  Sept.,  38- 

1865,  12  Dec.,  76-7 
1869,  19  July,  39  n. 
1875,  31  l)ec.,  58 

1888.  22  Mar.,  32  n.,  33  n. 


Table  of  Ordinances 

(References  are  to  sections) 

120 

n. 
n.,   121-122,  122  n. 


88 


I.     STANDARDS    OF    WEIGHTS    AND    MEASURES 

1.  Linear  Measure 

§la.  The  standard  unit  of  all  measures  of  length,  shall  be 
the  "yard",  to  conform  to  that  in  use  in  this  common- 
wealth at  the  date  of  the  declaration  of  independence: 
the  positive  standard  to  be  obtained  as  hereinafter  de- 
scribed,1 and  one-third  of  said  yard  shall  be  one  foot, 
and  one  twelfth  of  said  foot  shall  be  one  inch. — 15  Apr., 
1834,  §i,  P.  L.  525. 

2.  Liquid  and  Dry  Measures 

§2a.  The  standard  of  liquid  measure  shall  be  the  gallon,  to 
contain  two  hundred  and  thirty-one  cubic  inches,  of  the 
standard  aforesaid,  and  no  more;  and  the  standard  of 
dry  measure  shall  be  the  bushel,  to  contain  two  thousand 
one  hundred  and  fifty  cubic  inches  and  forty-two  hun- 
dredths  of  a  cubic  inch,  of  the  standard  aforesaid,  and 
no  more. — 15  Apr.,  1834,  §2,  P.  L.  525. 

3.  Weight 

§3a.  The  standard  of  weight  shall  be  a  pound,  to  be  com- 
puted upon  the  troy  pound  of  the  mint  of  the  United 
States,  referred  to  in  the  act  of  congress  of  the  nine- 
teenth of  May,  one  thousand  eight  hundred  and  twenty- 
eight,2  to  wit :  the  troy  pound  of  this  commonwealth, 
shall  be  equal  to  the  troy  pound  of  the  mint  aforesaid, 
and  the  avoirdupois  pound  of  this  commonwealth  shall 
be  greater  than  the  troy  pound  aforesaid,  in  the  propor- 
tion of  seven  thousand  to  five  thousand  seven  hundred 
and  sixty.— 15. Apr.,  1834,  §3,  P.  L.  525. 

1  Obsolete. 

2  C.    67,  §2,   4   Statutes  at 'Large,     278,    re-enacted    by    the    act    of    12    Feb., 
1873,    c.    131,    §49,    17    Statutes   at    Large,   432. 

89 


II.     DENOMINATIONS 

x.     Linear  Measure 

§4a.  The  denominations  of  linear  measure  of  this  com- 
monwealth, whereof  the  yard  as  heretofore  provided  is 
the  standard  unit,  with  the  relations  thereof,  shall  be  as 
follows : 

Twelve  inches  make  one  foot. 

Three  feet  make  one  yard. 

Five  and  a  half  yards  make  one  rod,  pole  or  perch. 

Forty  rods  make  one  furlong. 

Eight  furlongs  make  one  mile. 

-15  Apr.,  1834,  §12,  P.  L.  527. 

2.  Superficial  Measure 

§5a.  The  denominations  of  superficial  measure  of  this 
commonwealth,  whereof  the  square  of  the  linear  yard 
as  heretofore  provided  is  the  standard  unit,  \vith  the 
relations  to  said  standard  and  to  each  other,  shall  be: 

Thirty  and  one- fourth  square  yards  make  one  pole 

or  perch. 

Forty  square  poles  make  one  rood. 
Forty  square  roods  make  one  acre. 
Six  hundred  and  forty  acres  make  one  square  mile. 

-15  Apr.,  1834,  §13.  P.  L-  527- 

3.  Liquid  Measure 

§6a.  The  denominations  of  liquid  measure  of  this  com- 
monwealth, whereof  the  gallon  as  heretofore  provided 
is  the  standard  unit,  with  the  relations  to  said  unit  and 
to  each  other,  shall  be : 

Four  gills  make  one  pint. 
Two  pints  make  one  quart. 
Four  quarts  make  one  gallon. 

90 


Thirty-one^and  a  half  gallons  make  one  barrel. 
Two  barrels  make  one  hogshead. 
Two  hogsheads  make  one  pipe. 
Two  pipes  make  one  tun. 

*. 

-15  Apr.,  1834,  §14,  P.  L.  527. 

4.  Dry  Measure 

§7a.  The  denominations  of  dry  measure  of  this  common- 
wealth, whereof  the  bushel  as  heretofore  provided  is  the 
standard  unit,  with  the  relations  to  such  standard  and  to 
each  other,  shall  be : 

Four  pecks  make  one  bushel. 

And  the  minor  divisions  of  the  peck  shall  be  its  aliquot 
parts:  Provided,  That  the  form  of  the  dry  measure 
shall  be  conical;  that  the  diameter  of  the  circle  of  the 
top  of  the  measure  shall  be  not  less  than  one-twentieth 
greater  than  the  diameter  of  the  bottom  of  the  measure, 
and  the  height  not  more  than  nine-twelfths  of  the  diam- 
eter of  the  bottom. — 15  Apr.,  1834,  §15,  P.  L.  527. 

5.  Weight— Troy 

§8a.  The  denominations  of  weight  of  this  commonwealth, 
whereof  the  troy  pound  as  heretofore  provided  is  the 
standard  weight,  with  the  relations  thereof  to  said 
standard  and  to  each  other,  shall  be: 

Twenty-four  grains  make  one  pennyweight. 
Twenty  pennyweights  make  one  ounce. 
Twelve  ounces  make  one  pound. 

-15  Apr.,  1834,  §16,  P.  L.  528. 

6.  Weight — Avoirdupois 

§9a.  The  denominations  of  weight  of  this  commonwealth, 
whereof  the  pound  avoirdupois  as  heretofore  provided 
is  the  standard  weight,  with  the  relations  to  said  pound 
and  to  each  other,  shall  be : 


Sixteen  drams  make  one  ounce. 
Sixteen  ounces  make  one  pound. 
Twenty-five  pounds  make  one  quarter. 
Four  quarters  make  one  hundred. 
Twenty  hundreds  make  one  ton. 

-15  Apr.,  1834,  §17,  P.  L.  528. 

III.  ADMINISTRATIVE  AGENTS  WHO  ARE 
AUTHORIZED  OR  REQUIRED  (BY  EITHER 
GENERAL  OR  SPECIFIC  ORGANIC  PRO- 
VISIONS) TO  ACT  IN  MATTERS  CONCERN- 
ING WEIGHTS  AND  MEASURES 

i.     Governor 

a.     To  Provide  Standards 

§10  i )  It  shall  be  the  duty  of  the  governor  of  this  com- 
monwealth to  procure,  within  three  years  from  the  date 
of  the  passage  of  this  act,  a  standard  yard,  to  constitute 
the  positive  standard  of  length  in  this  commonwealth, 
said  standard  to  be  equal  in  length,  at  the  temperature 
of  melting  ice,  to  the  distance  between  the  eleventh  and 
forty-seventh  inches  on  a  certain  brass  scale  of  eighty- 
two  inches  in  length,  procured  for  the  survey  of  the 
coast  of  the  United  States  and  now  deposited  in  the  war 
department:1  the  material  of  said  standard  to  be  brass, 
and  the  divisions  upon  it  to  be  inches  and  parts  of  an 
inch  of  the  brass  scale  aforesaid. — 15  Apr.,  1834,  §4, 
P.  L.  525. 

§11  2)  It  shall  be  the  duty  of  the  governor  to  procure, 
within  three  years  after  the  passage  of  this  act,  for  the 
use  of  this  commonwealth,  a  standard  gallon  and 
bushel,  to  conform  to  the  provisions  of  section  second  of 
this  act,  the  material  of  said  standard  to  be  of  cast  brass. 
-15  Apr.,  1834,  §5,  P.  L.  526. 

>  Obsolete 

92 


§12  3)  It  shall  t>e  the  duty  of  the  governor  of  this  com- 
monwealth to  procure,  within  three  years  after  the 
passage  of  this  act,  a  duly  authenticated  copy  of  the 
troy  pound  of  the  mint  of  the  United  States,  to  con- 
stitute the  positive  standard  of  weight  of  this  common- 
wealth, the  material  of  said  standard  to  be  brass. — 15 
Apr.,  1834,  §6,  P.  L.  526. 

§13  4)  It  shall  be  the  duty  of  the  governor  of  this  com- 
monwealth to  have  the  positive  standards  of  measures, 
of  length  and  capacity,  and  of  weight,-  provided  by  the 
foregoing  sections,  inclosed  in  suitable  cases  and  de- 
posited in  the  office  of  the  secretary  of  the  common- 
wealth, to  be  by  him  there  carefully  preserved. — 15  Apr., 
1834,  §7,  P.  L.  526. 

§14  5)  It  shall  be  lawful  for  the  governor  of  this  com- 
monwealth, when  he  shall  deem  it  expedient  to  have 
tested  the  conformity  of  said  positive  standards  of 
measure  and  weight,  to  the  foregoing  provisions  o-f  this 
act,  or  to  the  natural  invariable  standards  hereinafter 
provided,  and  if  congress  shall  at  any  time  hereafter 
establish  standards  of  weight  and  measure,  the  stand- 
ards aforesaid  shall  be  made  to  conform  thereto. — 15 
Apr.,  1834,  §8,  P.  L.  526. 

§15  6)  It  shall  be  the  duty  of  the  governor,  within  ten 
years  after  the  passage  of  this  act,  to  cause  the  positive 
standards  herein  described,  to  be  referred  to  natural  in- 
variable standards  and  to  deposit  in  the  office  of  the 
secretary  of  the  commonwealth,  the  authentic  certificates 
of  such  reference  with  the  apparatus  by  which  it  was 
made,  the  length  of  the  standard  yard  to  be  compared 
with  that  of  the  pendulum  vibrating  seconds,  at  a  cer- 
tain and  defined  spot  in  the  Independence  Square,  in  the 
city  of  Philadelphia,  or  in  some  unalienable  public  prop- 
erty, at  an  ascertained  and  convenient  temperature  and 

93 


pressure,  all  the  circumstances  of  the  comparison  to  be 
stated,  the  standard  of  weight  to  be  compared  with  that 
of  one  hundred  standard  cubic  inches  of  water,  at  its 
maximum  density,  and  at  a  convenient  atmospheric 
pressure.— 15  Apr.,  1834,  §11,  P.  L.  527. 

§16  7)  The  governor  of  this  commonwealth  ...  is 
hereby  authorized,  to  have  prepared  standards  of  weight, 
measure  and  capacity,  specified  in  the  act  of  assembly, 
passed  April  fifteenth,  one  thousand  eight  hundred  and 
thirty-four  [To  fix  the  standards  and  denominations  of 
measure  and  weights,  in  the  commonwealth  of  Penn- 
sylvania.—P.  L.  525.] ;  and  ...  he  be  [is]  author- 
ized to  carry  into  effect  the  provisions  of  the  said  act  as 
soon  as  practicable. — 14  Apr.,  1838,  §23,  P.  L.  399. 

b.     To  Furnish  Copies  of  Standards  to  County  Com- 
missioners 

§17  i )  It  shall  be  the  duty  of  the  governor  to  provide, 
within  three  years  after  the  passage  of  this  act,  for  each 
of  the  counties  of  this  commonwealth,  at  the  charge  of 
the  counties  respectively,  positive  standards  of  measures 
of  length,  of  capacity  and  of  weight  of  the  several  de- 
nominations in  common  use  or  such  of  them  as  may  be 
necessary  for  the  accurate  and  convenient  adjustment  of 
weights  and  measures,  said  standards  to  be  of  approved 
construction  carefully  compared  with  the  state  standards 
aforesaid,  and  made  of  the  same  material,  and  having 
caused  the  same  to  be  duly  stamped,  to  have  them  de- 
livered to  the  commissioners  of  the  counties  respectively, 
to  be  used  as  standards  for  the  adjusting  of  weights  and 
measures,  and  for  no  other  purpose. — 15  Apr.,  1834, 
§9,  P.  L.  526. 

§18  2)  Copies  of  [the]  original  standards,  for  general 
use,  to  be  made  of  such  materials  as  the  governor  and 
the  ...  secretary  [of  the  commonwealth]  shall  di- 

94 


rcct,  shall  be  transmitted  by  them,  on  application  there- 
for to  the  county  commissioners  of  each  county  in  this 
commonwealth,  at  the  expense  of  the  several  counties 
to  which  the  same  are  sent,  and  not  otherwise. — 15  Apr., 
1845,  §2,  P.  L.  443- 

2.     Secretary  of  the  Commonwealth 

a.  To  Have  Custody  of  Standards 

§19  i)  The  original  standards  of  weights  and  measures 
furnished  by  the  United  States,1  and  now  in  the  office 
of  the  secretary  of  the  commonwealth,  shall  remain  in 
the  case  provided  for  that  purpose,  which  shall  only  be 
opened  under  the  direction  of  the  governor  or  the  said 
secretary,  for  the  sole  purpose  of  comparing  such  stand- 
ards with  the  copies  hereinafter  described,  unless  by  a 
joint  resolution  of  the  two  houses  of  the  legislature,  or 
on  the  call  of  either  house,  or  by  permission  of  the  gov- 
ernor, for  scientific  purposes. — 15  Apr.,  1845,  §i,  P.  L. 

443- 

b.  To  Furnish  Copies  of  Standards  to  County  Com- 

missioners 

§20  i)  The  secretary  of  the  commonwealth  be  [is]  au- 
thorized and  directed  to  procure,  as  soon  as  practicable, 
suitable  cases  for  the  standards  of  weights  and  measures 
now  in  his  office,  and  to  prescribe  and  publish  the  terms 
upon  which  standards  of  approved  construction,  care- 
fully compared  with  the  state  standards  aforesaid,  shall 
be  furnished  to  the  commissioners  of  the  several  coun- 
ties of  the  commonwealth,  according  to  the  directions  of 
the  act  of  fifteenth  April,  eighteen  hundred  and  thirty- 
four,  entitled  "An  act  to  fix  the  standards  and  denomi- 
nations of  measures  and  weights  in  the  commonwealth 
of  Pennsylvania"  [P.  L.  525.]. — 29  Sept.,  1843,  §2» 
P.  L.  (1844)  7- 

1  14  June,    1836,   5    Statutes  at   Large,    133. 

95 

29476-7 


§21  2)  Copies  of  [the]  original  standards,  for  general 
use,  to  be  made  of  such  materials  as  the  governor  and 
the  said  secretary  shall  direct,  shall  be  transmitted  by 
them,  on  application  therefor  to  the  county  commis- 
sioners of  each  county  in  this  commonwealth,  at  the  ex- 
pense of  the  several  counties  to  which  the  same  are  sent, 
and  not  otherwise. — 15  Apr.,  1845,  §2»  P-  L.  443. 

§22  3)  The  said  secretary  shall  cause  to  be  impressed  on 
each  of  the  copies  of  such  originals  the  letters  "Pa.", 
and  such  other  additional  device  as  he  shall  direct  for 
the  particular  county,  which  device  shall  be  recorded  in 
the  secretary's  office  and  a  copy  thereof  transmitted  to 
the  respective  county  commissioners. — 15  Apr.,  1845, 
§3,  P.  L.  443- 

3.     County  Commissioners 

a.  May  Apply  for  Copies  of  Standards 

§23  i)  Copies  of  [the]  original  standards,  for  general 
use,  to  be  made  of  such  materials  as  the  governor  and 
the  ...  secretary  [of  the  commonwealth]  shall 
direct,  shall  be  transmitted  by  them,  on  application 
therefor  to  the  county  commissioners  of  each  county  in 
this  commonwealth,  at  the  expense  of  the  several  coun- 
ties to  which  the  same  are  sent,  and  not  otherwise. — 
15  Apr.,  1845,  §2,  P.  L.  443. 

b.  To  Maintain  Accuracy  of  Copies  of  Standards 

§24  i )  It  shall  be  the  duty  of  the  commissioners  of  the 
respective  counties,  at  least  once  in  every  ten  years  and 
oftener  if  they  have  reason  to  believe  it  necessary,  to 
cause  the  standards  of  the  respective  counties  to  be  ex- 
amined and  tried,  and  if  necessary,  to  be  corrected  or 
renewed  according  to  the  standards  of  the  common- 
wealth heretofore  referred  to. — 15  Apr.,  1834,  JlO( 
P.  L.  526. 

96 


§25  2)  It  shall  be  the  duty  of  the  county  commissioners 
receiving  such  standards  as  aforesaid,  and  their  succes- 
sors in  office,  in  every  five  years,  and  oftener  if  they 
shall  have  reason  to  believe  it  necessary,  to  cause  such 
standards  so  received  by  them  or  their  predecessors  in 
office,  to  be  tried  and  examined,  to  be  corrected  or  re- 
newed, so  as  to  conform  exactly  to  the  standards  pre- 
pared according  to  act  of  congress,  and  deposited  in 
the  office  of  the  secretary  of  the  commonwealth  as  afore- 
said.—15  Apr.,  1845,  §3>  P-  L-  443- 

c.     To    Establish    True    Meridian    Lines    and    Fixed 
Standard  Measures  for  Surveyors'  Chains 

§26  i )  The  county  commissioners  of  the  several  counties 
of  this  commonwealth  are  hereby  authorized  and  di- 
rected, within  two  years  from  and  after  the  passage  of 
this  act,  to  cause  to  be  marked  and  established  on  some 
inalienable  property  belonging  to  the  county,  or  on  such 
property  as  the  commissioners  of  the  county  may  here- 
after acquire  for  that  purpose,  at  or  near  the  seat  of 
justice  of  the  several  counties,  a  true  meridian  line,  and 
a  fixed  standard  measure,  of  two  or  four-pole  chain, 
agreeing  \vith  and  made  after  the  measure  of  the  stand- 
ard yard  now  in  the  office  of  the  secretary  of  the  com- 
monwealth ;  and  the  cost  whereof  to  be  paid  out  of  the 
respective  county  treasuries.1 — 26  Apr.,  1850,  §i,  P.  L. 

595- 

1  When  the  said  true  meridian  lines,  and  the  measures  of  the  said  standard 
two  or  four-pole  chain,  shall  have  been  so  marked  and  established  as  aforesaid, 
the  said  county  commissioners  shall  give  public  notice  thereof,  in  one  or  more 
newspapers  of  their  respective  counties,  or  otherwise,  for  at  least  three  successive 
weeks;  and  it  shall  be  the  duty  of  every  land  surveyor  in  this  commonwealth, 
after  such  notice  has  been  given  as  aforesaid,  in  the  month  of  April  in  each 
year,  to  adjust  and  verify  his  compass  by  one  of  the  said  meridian  lines,  and 
to  ascertain  the  variation  of  its  needle  from  the  true  meridian,  and  his  chain 
by  one  of  the  said  measures  of  the  said  standard  two  or  four-pole  chain;  and 
the  said  surveyors  shall  thereafter,  in  all  their  returns  of  surveys,  or  writings 
concerning  surveys  of  land  and  lines  run  by  the  compass,  note  the  bearings  or 
courses  of  such  surveys  and  lines,  so  as  to  show  the  true,  and  not  the  magnetic 
bearing,  together  with  the  date  of  such  survey  or  tracing  of  lines. — 26  Apr., 
1850,  §2,  P.  L.  595. 

Any  surveyor,  after  notice  given  as  required  by  the  provisions  of  this  act, 
who  shall  neglect  or  refuse  to  comply  with  the  requirements  of  this  act,  by 
making  any  survey  with  an  unadjusted  compass  or  chain,  he  shall,  for  every 
such  neglect  or  refusal,  pay  the  sum  of  ten  dollars,  on  complaint  made  by  any 
person  interested  in  such  survey,  before  the  justice  of  the  peace  [magistrate  in 
Philadelphia. — Constitution,  1874,  art.  5,  §12]  nearest  to  the  tract  or  lot  of  land 

97 


4.  Mayor  of  Philadelphia 

a.  To  Cause  Laws  and  Ordinances  to  be  Enforced 

§27  i )  It  shall  be  the  mayor's  duty  ...  to  be  vigilant 
and  active  in  causing  the  laws  and  ordinances  of  the 
city  to  be  duly  executed;  for  which  purpose  ...  all 
policemen  and  watchmen  shall  obey  his  orders,  and 
make  a  report  to  him  when  acting  under  his  orders,  and 
he  shall  exercise  a  constant  supervision  and  control  over 
the  conduct  of  all  subordinate  officers,  receive  and  ex- 
amine all  complaints  preferred  against  them,  and  gen- 
erally perform  all  such  duties  as  may  be  prescribed  by 
the  laws  and  ordinances  of  said  city  and  of  this  com- 
monwealth.— 2  Feb.,  1854,  §7,  P.  L.  26. 

§28  2)  It  shall  be  the  duty  of  the  mayor  to  cause  the 
ordinances  of  the  city  and  the  laws  of  the  state  to  be 
executed  and  enforced. —  i  June,  1885,  art.  i,  P.  L.  38. 

b.  May  Recommend  Measures  to  Councils 

§29  i)  It  shall  be  the  duty  of  the  mayor  to  recomnun  1 
by  message  in  writing  to  the  councils  all  such  measures 
connected  with  the  affairs  of  the  city  and  the  protection 
and  improvement  of  its  government  and  finances  as  he 
shall  deem  expedient. — i  June,  1885,  art-  '•  P-  L.  38. 

5.  Director  of  the  Department  of  Public  Safety 

a.     Responsible  for  Police  Affairs  and  for  Inspection 
of  Markets 

§30  i)  The  department  of  public  safety  shall  be  under 
the  charge  of  one  director  who  shall  be  the  head  thereof. 

so  surveyed,  to  be  recovered  as  debts  of  like  amount  are  by  law  recoverable; 
one-half  thereof  to  the  person  making  the  complaint,  and  the  other  half  to  the 
treasurer  of  the  school  district  in  which  such  survey  is  made,  for  the  use  of 
said  district. — 26  Apr.,  1850.  Jt,  P.  L.  595. 

It  shall  be  the  duty  of  the  commissioners  of  the  several  counties  at  • 
to  procure  a  book  to  be  kept  in  their  office;  and  every  surveyor,  on  having 
adjusted  his  chain  and  compass  as  aforesaid,  shall  enter  therein  the  variation  of 
his  compass  from  the  true  meridian,  whether  east  or  west,  and  the  day  on  which 
he  adjusted  his  chain  and  compass,  and  shall  subscribe  his  name  thereto,  for 
future  reference. — 26  Apr.,  1850,  §4.  P.  L.  596. 

98 


The  care,  management,  administration  and  super- 
vision of  the  police  affairs,  and  all  matters  relating  to 
x.  .  .  the  inspection  of  .  .  .  markets  and  food 
sold  therein  .  .  .  shall  be  in  charge  of  this  depart- 
ment— i  June,  1885,  art.  3,  P.  L.  40;  8  Apr.,  1903,  §3,* 
P.  L.  156. 

6.  Police  Officers  and   Constables  in  Philadelphia 

a.     May  Arrest  Without  Warrant  for  Violation  of  Any 
Ordinance 

§31  i )  Any  police  officer  or  constable,  upon  view  of  the 
breach  of  any  ordinance  of  any  city  of  the  first  class,  is 
authorized  to  forthwith  arrest  the  person  or  persons  so 
offending,  without  any  process,  and  to  take  such  person 
or  persons  forthwith  before  any  police  magistrate  .  .  . 
of  said  city,  who  shall  thereupon  require  bail  for  the 
appearance  of  said  person  at  a  time  to  be  fixed  for  the 
hearing  of  said  charge,  and  in  default  of  bail  to  com- 
tnit  for  a  hearing;  and  at  said  hearing  the  case  shall 
be  proceeded  with  as  if  the  parties  were  appearing  be- 
fore said  magistrate  .  .  .  upon  a  summons  duly  issued 
and  returned  served,  or  if  both  parties  desire  it  the  case 
may  be  entered  and  determined  by  the  magistrate  .  .  . 
in  like  manner,  without  requiring  bail  or  further  con- 
tinuance.— 3  May,  1876,  P.  L.  99. 

7.  Chief  of  the  Bureau  of  City  Property 

a.     To  Care  for  all  Market  Houses  Belonging  to  the 
City 

§32  i)  [The  chief  of  the  bureau  of  city  property]2  shall 
be  charged  with  the  .  .  .  care  of  all  market  houses 
belonging  to  the  corporation. — 19  Oct.,  1854,  §i,  O. 

1 1-3- 


Repeal    clause,    section    5. 
22  Mar.,   1888,  §3,  O.   192. 


99 


b.     May  Prescribe  Duties  of  Clerks  of  the  Markets 

§33  i)  There  shall  be  in  [the  bureau  of  city  property]1 
.  .  .  clerks  of  markets  .  .  .  who  shall  .  .  . 
perform  such  .  .  .  duties  as  may  be  specified  by 
the  head  of  the  [bureau]1. — 19  Oct.,  1854,  §9,  O.  115. 

8.     Clerks  of  the  Markets 

a.  To  Examine  Provisions  (With  Certain  Exceptions) 
in  the  Market  Houses  and  Market  Stands  Be- 
longing to  the  City;  to  Condemn  Inaccurate 
Scales,  Weights,  and  Measures ;  and  to  Prosecute 

§34  i )  The  .  .  .  clerks  of  the  markets  shall  do  and 
perform  all  things  belonging  to  their  office,  and  shall 
have  possession,  enjoy  and  exercise  all  the  powers  and 
authorities  which,  by  any  law  or  act  of  assembly,  are 
conferred  upon  the  clerks  of  the  markets.  They  shall 
attend,  within  their  respective  market  limits,  from  the 
beginning  to  the  end  of  the  market  hours,  and  at  such 
other  times  as  may  be  necessary;  they  shall  enforce  all 
the  laws,  ordinances  and  regulations  relative  thereto, 
and  seize  and  prosecute  for  all  breaches  thereof; 
.  .  .  they  shall  weigh,  try  and  examine  all  bread 
.  .  .  2or  other  provisions  sold  in  loaves,  lumps,  or 
parcels  purporting  to  be  of  a  given  or  accustomed 
weight  or  measure;  and  all  scales,  weights  and  meas- 
ures, which  are  found  in  the  markets  not  correct  to  the 
standard,  shall  be  forfeited;  they  shall  not  accept  or 
take  from  any  person  attending  the  markets  any  fee, 
donation,  perquisite  or  reward  on  any  pretense  what- 
ever.— 19  Oct.,  1854,  §10,  O.  116. 

1*2    Mar..    1888.   |i.    O.    191. 

1  Repealed   as  to  butter,   lard,   and   sausage.— 17   May.    1883.   P.  L.   54. 


100 


IV.     LAW     GOVERNING     THE     PURCHASE     AND 
SALE    OF   COMMODITIES    IN    GENERAL 

i.     Misdemeanor  Wilfully  to  Sell  by  False  Beams,  Scales, 
Weights,  and  Measures — Penalty 

§35a.  Any  person  or  persons  who  shall  wilfully  use  and 
sell  by  false  beams,  scales,  weights  and  measures,  any 
article,  merchandise,  commodity  or  thing,  shall  be  guilty 
of  a  misdemeanor,  and  on  being  convicted  thereof,  shall 
be  sentenced  to  pay  a  fine  not  exceeding  two  hundred 
dollars,  and  to  undergo  an  imprisonment  not  exceeding 
three  months,  or  both,  or  either,  at  the  discretion  of  the 
court. — 5  June,  1883,  P.  L.  78. 


V.  LAWS  AND  ORDINANCES  (IN  FORCE)  GOV- 
ERNING THE  PURCHASE  AND  SALE  OF 
SPECIFIC  COMMODITIES,  OR  CLASSES  OF 
COMMODITIES 

i.    Bread 

a.     To  be  Sold  by  the  Pound  Avoirdupois — Penalty 

§36  i )  All  loaf-bread  made  for  sale,  within  this  common- 
wealth, shall  be  sold  by  the  pound  avoirdupois,  .  .  . 
and  if  any  baker  or  other  person  shall  .  .  .  sell  or 
offer  for  sale  any  loaf-bread,  in  any  other  manner,  the 
contract  respecting  the  same  shall  be  void,  and  the  per- 
son offending  against  this  act  shall,  on  conviction,  forfeit 
and  pay  the  sum  of  ten  dollars  for  every  such  offence, 
one-half  to  the  use  of  the  informer,  and  the  other  half 
to  the  use  of  this  commonwealth.1 — i  Apr.,  1797,  §2, 
3  Smith's  Laws,  295. 

JThis  act  is  in  force.— Johnson  v.  Kolb,  3  W.  N.  C.,  273.      (1876.) 

101 


a.     Standard  Bushel — Penalty 

§37  i)  The  standard  measure  of  charcoal  shall  be  two 
thousand  five  hundred  and  seventy-one  cubic  inches  for 
each  and  every  bushel  thereof,  and  when  sold  by  weight 
a  bushel  shall  be  eighteen  pounds  (commercially  dry) 
for  all  hard  wood,  and  fifteen  pounds  (commercially 
dry)  for  all  soft  wood.1 — 12  May,  1891,  §i,  P.  L.  51 

§38  2)  The  following  are  hereby  declared  to  be  nuisances 
(23  Sept.,  1864,  §i,  O.  357.)  :  To  unload,  discharge,  or 
deliver  charcoal  in  or  on  any  of  the  streets  of  the  city." 
from  any  wagon  or  other  vehicle,  except  in  barrels  of 
the  capacity  of  a  common  flour  barrel,  or  in  some 
measure  whose  capacity  is  fixed  by  law. — 23  Sept.,  1864, 
§25,  O.  360. 

§39  3)  Any  person  violating  any  provision  of  this  ordi- 
nance shall  forfeit  the  sum  of  [five]8  dollars,  to  be  re- 
covered before  the  [magistrate]4  whose  office  is  located 
nearest  the  place  where  such  violations  occurred,  at  the 
suit  of  the  city  of  Philadelphia,  for  the  use  of  the  city; 
and  every  [magistrate]4  of  the  city  shall  keep  a  separate 
docket  for  such  cases,  which  shall  always  be  open  for  the 
inspection  of  the  mayor,  city  controller,  city  solicitor  and 
his  assistants,  and  committees  of  councils. — 23  Sept., 
1864,  $4i,  O.  362. 


1  Repeal  clause,   section   2. 

'  The  provisions  of  the  (25th)  section  of  thin  ordinance  .  .  .  shall 
apply  and  extend  to  the  2d,  id.  4th.  5th.  6th.  7th.  8th.  9th.  loth,  nth,  12th. 
1 3th.  i4th,  jjth.  i6th,  i;th.  i8th.  igth  and  aoth  wards  of  the  city,  and  to  that 
portion  of  the  ist  ward  east  of  Broad  street  and  north  of  Mifflin  street,  including 
said  Broad  and  Mifflin  streets;  to  that  portion  of  the  aist  ward,  formerly  com- 

?rised   within   the   late   borough   of   Manayunk;    to  that   portion  of  the   22d   ward, 
ormerly    comprised    within    the    borough    of    Germantown;    to    those    portions    of 
the  23d   ward,    formerly  comprised  within  the  late  boroughs  of  Frankford.    Brides- 
burg   and    Whitehall;   and   to   that   portion    of   the   24th   ward,    formerly  comprised 
within  the  late  district  of   West    Philadelphia.— 23    Sept..    1864.   §40,   O.    361. 
'  '9  July,   1860.  §4,  O.  323. 
4  Constitution,  1874,  art.  5,  |i2. 

I O2 


3-     Clover  Seed 

a.     Standard  Bushel  *  f- 

§40  i)  "  The  standard  weight  of  a  bushel  of  clover  seed: 
shall  be  sixty  pounds.1 — 24  June,  1895,  §i,  P.  L.  243. 

4.     Coal — Anthracite 

a.     Standard  Bushel — Penalty 

§41  i)  Stone  coal  brought  from  any  mine  situate  within 
the  state  of  Pennsylvania,  to  the  city  or  county  of  Phila- 
delphia, for  sale,  shall  be  disposed  of  by  weight  or  by 
the  bushel  measure,  and  if  by  the  latter,  each  bushel  shall 
weigh  at  least  eighty  pounds;  and  so  when  the  same  is 
re-sold,  whether  by  wholesale  or  retail,  it  shall  in  like 
manner  be  sold  by  weight  or  measure,  if  by  the  latter, 
the  bushel  shall  contain  at  least  eighty  pounds,  and  in 
the  same  proportion  for  any  greater  or  less  measure. — 
2  Apr.,  1822,  §i,  P.  L.  139.  (7  Smith's  Laws,  554.) 

§42  2)  If  any  person  or  persons  selling  coal  by  the  bushel, 
or  by  any  greater  or  less  measure,  shall  not  give  at  least 
eighty  pounds  for  each  bushel  so  sold,  and  so  in  propor- 
tion for  any  greater  or  less  measure,  such  person  or  per- 
sons shall  for  every  such  offence  forfeit  and  pay  five 
dollars,  to  be  recovered  in  the  same  manner  as  debts  for 
the  same  amount  are  by  law  recoverable,  one  half  to  be 
paid  to  the  guardians  or  overseers  of  the  poor  of  the 
city  [department  of  public  health  and  charities  in  Phila- 
delphia],2 district  or  township,  where  the  offence  is  com- 
mitted, and  the  other  half  to  the  person  prosecuting  for 
the  same. — 2  Apr.,  1822,  §2,  P.  L.  139.  (7  Smith's 
Laws,  555.) 

1  Repeal   clause,    section    2. 

2  i    June,    1885,    art.    10,    P.    L.    48,    art.    15,    P.    L.    58;    8    Apr.,    1903,-    §2,. 
P.    L.    156. 


b.     Standard  Ton—Penalty 

§43  i )  The  legal  standard  ton  for  anthracite  coal  shall  be 
two  thousand  two  hundred  and  forty  pounds  avoirdupois 
weight. — 27  May,  1871,  §i,  P.  L.  1287. 

§44  2)  Two  thousand  two  hundred  and  forty  pounds 
avoirdupois  shall  make  and  constitute  a  legal  ton  of 
anthracite  coal  throughout  this  commonwealth  in  all 
transactions  between  retail  coal  dealers  and  their  cus- 
tomers.—26  June,  1895,  §i,  P.  L.  334. 

§45  3)  Any  person,  firm  or  corporation  guilty  of  violating 
the  provisions  of  section  one  of  this  act,  whereby  it  is 
attempted  to  sell  less  than  two  thousand  two  hundred 
and  forty  pounds  to  a  ton,  or  a  proper  proportion  thereof 
to  quantities  less  than  a  ton,  shall,  upon  conviction 
thereof  before  any  justice  of  the  peace  or  alderman 
[magistrate  in  Philadelphia]1,  after  hearing  on  com- 
plaint made,  shall  be  liable  to  a  penalty  of  not  exceeding 
fifty  dollars,  recoverable  as  like  penalties  are  within  this 
commonwealth :  Provided,  that  in  all  cases  forty  pounds 
shall  be  allowed  for  the  variation  in  scales. — 26  June, 
1895,  §2,  P.  L.  334. 

§46  4)  All  fines  recovered  under  this  act  shall  be  paid  to 
the  treasurer  of  the  county  wherein  the  action  is 
brought.2— 26  June,  1895,  §3,  P.  L.  334. 

5.     Coal — Bituminous 
a.     Standard  Bushel 

§47  i )  The  standard  bushel  for  the  measurement  of  bitu- 
minous coal  shall  .  .  .  contain  two  thousand  six 
hundred  and  eighty-eight  cubic  inches  even  measure.8 
—23  Mar.,  1849,  §1.  p-  L-  2I7- 


1  Constitution,    1874.   art.    5.   I"- 
3  Repeal  clause,  section  4. 
'  See  following  section. 


IO4 


b.     Standard  Bushel  and  Standard  Ton — Penalty 

§48  i)  The  standard  weight  of  bituminous  coal  in  this 
commonwealth  shall  be  seventy-six  pounds  to  the  bushel, 
and -two  thousand  pounds  shall  be  one  ton. — 18  May, 
1878,  §i,  P.  L.67. 

§49  2)  If  any  person  or  persons,  engaged  in  the  business 
of  mining  bituminous  coal,  shall  fix  or  establish,  or  shall 
attempt  to  fix  or  establish,  any  other  number  of  pounds, 
by  agreement  or  contract  to  be  a  bushel  of  bituminous 
coal,  than  as  is  provided  for  in  the  first  section  of  this 
act,  such  person  or  persons  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  sentenced 
to  pay  a  fine  not  less  than  five  hundred  and  not  exceeding 
one  thousand  dollars,  and  all  penalties  recovered  under 
this  act  shall  be  paid  into  the  treasury  of  the  state.1 — 18 
May,  1878,  §2,  P.  L.  67. 

6.  Coke 

a.     Standard  Bushel 

§50  i )  The  standard  measure  of  coke,  manufactured 
from  bituminous  coal,  when  sold  by  the  bushel,  shall  be 
two  thousand  six  hundred  and  eighty-eight  cubic  inches, 
and  the  standard  weight,  per  bushel,  shall  be  forty 
pounds.2— ii  Apr.,  1866,  P.  L.  98. 

7.  Dry  Goods  and  Groceries 

a.     Misrepresentative  Markings  and  Misstatements  of 
Numerical  Count  or  of  Net  Weight — Penalty 

§51  i )  Whenever  any  description  of  manufactured  goods, 
commonly  called  dry  goods  or  groceries,  shall  be  sold  by 
the  piece  in  packages,  or  by  weight,  and  the  said  pieces 
or  packages  shall  be  marked  or  represented  to  contain  a 

1  Repeal    clause,    section    3. 

2  Title:      "An    act    fixing    a    standard    measure    of    coke    in    the    bituminous 
counties  of  this  state."     Query,  application  to  Philadelphia? 

105 


certain  number  of  yards,  pounds  or  ounces,  and  the  same 
shall  be  sold  as  containing  that  number  or  weight,  when 
in  fact  the  said  pieces  or  packages  shall  contain  a  less 
number  of  yards,  or  pounds  or  ounces,  than  so  repre- 
sented, the  seller  or  manufacturer  thereof  shall  forfeit 
and  pay  to  the  purchaser  a  sum  equal  to  double  the  value 
of  the  quantity  or  weight  found  to  be  deficient,  to  be  re- 
covered by  action  of  debt,  in  any  court  of  law,  or  before 
any  alderman  or  justice  of  the  peace  in  this  common- 
wealth [magistrate  in  Philadelphia],1  in  the  same  man- 
ner that  debts  of  like  amount  are  now  by  law  recover- 
able.— ii  Apr.,  1850,  §8,  P.  L.  452. 

8.  Fruits  and  Vegetables  in  General;  and  Specifically: 
Apples,  Peaches,  Pears,  Plums,  Onions,  Pota- 
toes, and  Tomatoes 

a.     To  be  Sold  by  Dry  Measure — Penalty 

§52  i)  It  shall  not  be  lawful  for  any  person  or 'persons 
to  sell  within  the  limits  of  the  .  .  .  city  any  pota- 
toes, tomatoes,  peaches,  pears,  plums,  apples,  or  other 
fruits  or  vegetables  requiring  measurement,  by  any  other 
measure  than  the  bushel  and  its  divisions,  and  each  bushel 
of  white  potatoes  to  weigh  [fifty-six]2  pounds  to  the 
bushel,  and  50  pounds  for  sweet  potatoes,  to  the  bushel; 
and  for  each  and  every  sale  hereafter  made  by  the  basket, 
or  by  any  other  measure  or  measures  than  those  herein 
designated,  the  person  or  persons  making  the  same  shall 
forfeit  and  pay  the  sum  of  five  dollars,  to  be  recovered 
by  suit  in  the  name  of  the  city  of  Philadelphia,  in  like 
manner  as  similar  amounts  are  now  recoverable  by  law 
— one-half  to  be  paid  into  the  city  treasury  and  the  other 
half  to  the  person  or  persons  prosecuting  for  the  same. 
-17  Nov.,  1857,  O.  364. 

1  Constitution,    1874,  art.   5,  ft 2. 

3  i  June,  1891.  P.  L.  160.  This  act,  which  is  entitled  "An  act  regulating 
the  standard  weight  of  a  bushel  of  potatoes,"  makes  no  mention  of  sweet 
potatoes. 

106 


b.     Standard  Bushel— [White]   Potatoes 

§53   i)      The  weight  of  a  bushel  of  potatoes  shall  be  fifty- 
six1  pounds.2— i  June,  1891,  §i,  P.  L.  160. 

c.     Standard  Bushel — Onions 

§54  i )     The  weight  of  a  bushel  of  onions  shall  be  fifty 
pounds.3— 8  May,  1895,  §i,  P.  L.  55. 


9.     Grain;     Specifically:   Barley,   Buckwheat,    Corn,    Oats, 
Rye,  and  Wheat 

a.     Standard  Bushel 

§55  i)  The  several  kinds  of  grain  hereafter  mentioned, 
which  are  now  usually  bought  and  sold  by  measure,  shall 
.  be  regulated  according  to  the  following  weight 
per  bushel,  to  wit :  the  weight  of  each  bushel  of  wheat 
shall  be  sixty  pounds;  of  each  bushel  of  rye  or  corn, 
fifty-[six]4  pounds;  of  each  bushel  of  barley,  forty-seven 
pounds;  of  each  bushel  of  buckwheat,  forty-eight 
pounds;  and  of  each  bushel  of  oats,  thirty-two  pounds: 
Provided,  That  nothing  in  this  act  contained  shall  be  so 
construed  as  to  prevent  any  person  or  persons  from  sell- 
ing and  buying  the  several  kinds  of  grain  aforesaid  by 
measure. — 10  Mar.,  1818,  §i,  P.  L.  182.  (7  Smith's 
Laws,  79.) 

§56  2)  The  standard  weight  of  rye  and  Indian  corn  in 
this  commonwealth  shall  be  fifty-six  pounds  for  each  and 
every  bushel  thereof. — 16  Apr.,  1845,  §T»  p-  L-  45- 

§57  3)  The  weight  of  a  bushel  of  oats  shall  be  thirty-two 
pounds.5 — 30  Mar.,  1897,  §i,  P.  L.  10. 

See   note   to  preceding   section. 

Repeal    clause,    section    2. 

Repeal  clause,   section   2.  .'• ' " 

16  Apr.,   1845,  §i,   P.   L.  45.     See  following  section. 

Repeal  clause,   section   2. 

107 


io.     Hay  and  Straw — Baled 

a.     To    be    Marked    With    Gross   and    Net    Weight- 
Penalty 

§58  i)  It  shall  not  be  lawful  for  any  person  to  offer  or 
sell  or  offer  for  sale  within  the  city  of  Philadelphia  any 
hay  or  straw  by  the  bale  unless  the  exact  gross  and  net 
weight  shall  be  legibly  and  distinctly  marked  on  every 
such  bale  of  hay  or  straw,  under  penalty  of  ten  dollars 
for  each  bale  of  hay  or  straw  so  sold  or  offered  for  sale, 
in  contravention  of  the  provisions  of  this  ordinance. — 
31  Dec.,  1875,  O.  485- 

§59  2)  All  baled  hay  and  straw  shall  be  properly  bound 
with  wire,  rope  or  other  material  to  hold  it  in  bundle, 
and  the  correct  weight  shall  be  plainly  marked  on  each 
bale.r-n  Apr,  1901,  §i,  P.  L.  77. 

b.  Misdemeanor    Fraudulently    to    Increase    Weight 

by  Inclusion  of  any  Concealed  or  Exposed  Mat- 
ter—Penalty 

§60  i )  Any  person  or  persons  within  this  commonwealth 
who  shall  sell  or  cause  to  be  sold  or  exchanged  in  any 
manner  whatsoever,  baled  hay,  straw  or  other  material 
of  a  like  nature  by  weight  and  shall  include  in  the  weight 
of  said  baled  hay,  straw  or  other  substance  of  a  similar 
nature  any  concealed  or  exposed  matter  for  the  purpose 
of  increasing  the  weight,  shall  be  guilty  of  a  misde- 
meanor, and  on  being  convicted  thereof  shall  be  fined  not 
exceeding  one  hundred  dollars  and  imprisoned  not  ex- 
ceeding six  months,  either  or  both,  at  the  discretion  of 
the  court. — 8  May,  1876,  P.  L.  136. 

c.  Amount  of  Wood  or  Other  Material  Used  in  Bal- 

ing Limited 

§61  i )  The  wood  or  other  material  used  in  baling  cut  hay 
shall  not  exceed  in  weight  eight  per  centum  of  the  weight 

1 08 


of  the  entire  bundle,  and  no  wood,  except  for  a  marking 
block,  shall  be  used  in  baling  long  hay  or  straw. — n 
Apr.,  1901,  §2,  P.  L.  77. 

d.  Misdemeanor  to  Mark  a  Bale  Higher  than  Actual 
Weight ;  Also  to  Exceed  Legal  Limit  of  Wood 
or  Other  Material  Used  in  Baling — Penalty 

§62  i )  Any  person  who  shall  mark  a  bale  of  hay  or  straw 
higher  than  its  actual  weight,  or  who  shall  use  more  than 
eight  per  centum  of  its  weight  of  wood  or  other  material 
to  hold  it  in  bundle,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars, 
in  the  discretion  of  the  court  before  whom  conviction 
may  be  secured.1 — n  Apr.,  1901,  §3,  P.  L.  77. 

11.  Lime 

a.     Standard  Bushel  Measure 

§63  i )  The  bushel  used  for  the  measuring  of  lime  in  the 
city  and  county  of  Philadelphia,  ,  - .  .  shall  be  of  the 
following  dimensions,  to  wit :  thirteen  inches  and  a  half 
in  diameter  at  the  bottom  in  the  clear,  fifteen  inches 
diameter  at  the  top  in  the  clear,  and  thirteen  inches  and 
forty-seven  hundredths  perpendicular  depth  in  the  clear. 
— 23  Mar.,  1819,  §i,  P.  L.  150.  (7  Smithes  Laws, 
192.) 

12.  Lumber  Used  in  Cooperage 
a.     Standard  "Thousand" 

§64  i)  It  shall  not  be  lawful  for  any  person,  or  persons, 
engaged  in  the  business  of  purchasing,  collecting,  or  fur- 
nishing, shingles,  or  hoop-poles,  shaved  hoops,  straps, 
shucks,  staves,  and  heading,  of  any  kind  of  material 
whatsoever,  used  in  the  manufacture  of  wooden  vessels, 


1  Repeal  clause,    section   4. 

109 


to  demand,  or  deliver,  more  than  ten  hundred  pieces  in 
number,  for  one  thousand ;  and  that  when  any,  or  either, 
of  the  above  mentioned  articles  of  lumber  be  purchased, 
or  sold,  by  the  thousand,  it  shall  be  so  considered,  any 
custom,  or  usage,  to  the  contrary  notwithstanding. — 
27  Apr.,  1864,  P.  L.  6 1 8. 

13.     Milk  and  Cream 

a.     To  be  Sold  by  Liquid  Measure,  Weight,  or  Per- 
centage of  Butter- Fat;  Standard  Gallon 

§65  i)  It  shall  be  unlawful  for  any  person,  firm,  or.  cor- 
poration to  sell  or  offer  for  sale,  or  demand  from  any 
person  offering  for  sale,  either  wholesale  or  retail,  within 
the  state  of  Pennsylvania,  any  milk,  skim-milk,  and 
cream  according  to  any  other  standard  of  measurement 
than  that  known  as  the  liquid,  or  wine,  measure,  con- 
taining two  hundred  and  thirty-one  cubic  inches  to  the 
gallon :  Provided,  That  nothing  in  this  act  will  prevent 
the  sale  of  milk,  skim-milk,  and  cream  by  weight  or  per- 
centage of  butter-fat. — 15  Apr.,  1907,  §i,  P.  L.  63. 

b.     Misdemeanor  to  Sell  in  Other  than  Legally  Pre- 
scribed Methods — Penalty 

§66  i)  Every  person,  firm,  or  corporation,  and  every 
officer,  agent,  servant  or  employe  of  such  person,  firm, 
or  corporation,  who  shall  violate  any  of  the  provisions 
of  this  act ;  or  any  person,  firm  or  corporation,  and  every 
officer,  agent,  servant,  or  employe  of  such  person,  firm, 
or  corporation,  demanding,  offering,  and  receiving  a 
greater  measure  than  that  specified  in  the  first  section  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  the  conviction  thereof  in  the  court  of  quarter  ses- 
sion of  the  proper  county,  shall  be  sentenced  to  pay  a  fine 
of  not  less  than  twenty-five  dollars  and  not  more  than 
one  hundred  dollars,  with  costs  of  prosecution,  or  un- 

110 


dergo  imprisonment  not  exceeding  thirty  days,  or  both, 
at  the  discretion  of  the  court.1 — 15  Apr.,  1907,  §2,  P. 
L.  63. 

14.  Salt — Domestic 

a.     Standard  Barrel 

§67  i)  All  salt  manufactured  by  evaporation,  within  the 
limits  of  this  commonwealth,  and  put  in  packages  pur- 
porting to  be  a  barrel,  said  package  shall  contain  two 
hundred  and  eighty  (280)  pounds  of -salt,  and  this  exclu- 
sive of  the  weight  of  the  package. — 24  Mar.,  1877,  P-  L. 
40. 

15.  Salt — Foreign 

a.     Standard  Bushel 

§68  i)  Each  and  every  bushel  of  foreign  salt  shall  be 
bought  and  sold  by  weight  per  bushel,  in  the  manner 
following,  to  wit.  The  weight  of  each  bushel  of  coarse 
salt  shall  be  eighty-five  pounds,  each  bushel  of  ground 
salt,  seventy  pounds,  and  each  bushel  of  fine  salt,  sixty- 
two  pounds :  Provided,  nevertheless,  That  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  any 
person  or  persons  from  selling  or  buying  the  several 
kinds  of  salt  aforesaid  by  measure. — 10  Mar.,  1818,  §2, 
P.  L.  182.  (7  Smith's  Laws,  79.) 

1 6.  Wood  and  Bark 

a.     Standard  Cord — Dimensions 

§69  i )  The  standard  denominations  of  a  cord  of  wood  or 
bark  for  fuel,  exposed  to  sale  within  the  city  and  county 
of  Philadelphia,  shall  be  ei'ght  feet  in  length,  four  feet 
in  breadth,  and  four  feet  in  height,  containing  one  hun- 
dred and  twenty-eight  feet,  solid  measure. — 10  Mar., 
1817,  §i,  P.  L.  92.  (6  Smith's  Laws,  414.) 

1  Repeal  clause,   section  j. 

I  I  I 
29476-8 


§70  2)  All  cord  wood  brought  to  market  within  the  city 
and  county  of  Philadelphia,  shall  be  at  least  four  feet  in 
length,  including  one  half  the  kerf,  and  the  cord  shall  be 
computed  at  the  rate  of  eight  feet  in  length,  four  feet  in 
breadth  and  four  feet  in  height,  while  stowed  and  packed, 
the  straight  wood  shall  be  placed  or  caused  to  be  placed 
by  all  venders  of  cord  wood  compactly  in  the  lower  part 
of  the  pile,  and  the  crooked  wood  in  the  upper  part 
thereof,  and  a  reasonable  and  fair  allowance  shall  be 
made  by  all  .  .  .  venders  of  wood  for  the  loss  sus- 
tained by  crooked  or  uneven  wood. — 10  Mar.,  1817,  §2, 
P.  L.  92.  (6  Smith's  Laws,  414.) 

b.     Standard  Cord  and  Standard  Ton— Bark 

§71  i )  The  standard  weight  of  a  cord  of  hemlock,  oak  or 
other  bark,  when  sold  by  the  cord  or  ton,  shall  be  two 
thousand  pounds  for  each  and  every  cord,  and  two  thou- 
sand pounds  for  each  and  every  ton. — I  June,  1891,  P. 
L.  160. 


VI.  ORDINANCE  (IN  FORCE)  GOVERNING  THE 
PURCHASE  AND  SALE  OP  FRUITS,  BER- 
RIES, AND  VEGETABLES  IN  MARKET 
HOUSES  AND  MARKET  STANDS  GENER- 
ALLY 

i.     Containers  to  be  Marked  With  Capacity  in  Terms  of 
Dry  Measure 

§72a.  Every  basket,  box,  tub,  or  other  article  used  for  the 
sale  of  fruits,  vegetables,  or  berries  that  require  measure- 
ment, in  market  houses,  or  market  stands,  shall  have  the 
fractional  part  or  parts  of  a  bushel,  which  said  basket, 
box,  or  other  article  will  contain,  when  even-full,  labeled, 
stamped  or  marked  thereon,  outside,  in  plain  characters 
of  at  least  one  inch  in  size. — i  Oct.,  1858,  §i,  O.  359. 

112 


VII.  ORDINANCES  (IN  FORCE)  GOVERNING  THE 
PURCHASE  AND  SALE  OF  FRUITS,  BER- 
'  RIES,  VEGETABLES,  BREAD,  LARD,  BUT- 
TER, AND  OTHER  PROVISIONS  IN  MAR- 
KET HOUSES  AND  MARKET  STANDS 
BELONGING  TO  THE  CITY 

1.  Clerks  of  the   Markets  to   Condemn   Incorrect  Scales, 

Weights,  and  Measures 

§73a.  The  .  .  .  clerks  of  the  markets  shall  do  and 
perform  all  things  belonging  to  their  office,  and  shall 
have  possession,  enjoy  and  exercise  all  the  powers  and 
authorities  which,  by  any  law  or  act  of  assembly,  are 
conferred  upon  the  clerks  of  the  markets.  They  shall 
attend,  within  their  respective  market  limits,  from  the 
beginning  to  the  end  of  the  market  hours,  and  at  such 
other  times  as  may  be  necessary;  they  shall  enforce  all 
the  laws,  ordinances  and  regulations  relative  thereto,  and 
seize  and  prosecute  for  all  breaches  thereof;  . 
they  shall  weigh,  try  and  examine  all  bread  .  .  .  1 
or  other  provisions  sold  in  loaves,  lumps,  or  parcels  pur- 
porting to  be  of  a  given  or  accustomed  weight  or  meas- 
ure; and  all  scales,  weights  and  measures,  which  are 
found  in  the  markets  not  correct  to  the  standard,  shall 
be  forfeited;  they  shall  not  accept  or  take  from  any  per- 
son attending  the  markets  any  fee,  donation,  perquisite 
or  reward  on  any  pretense  whatever. — 19  Oct.,  1854, 
§10,  O.  116. 

2.  Containers   of   Fruits,   Berries,    and   Vegetables   to   be 

Marked  With  Capacity  in  Terms  of  Dry  Measure 

§74a.  Every  basket,  box,  tub,  or  other  article  used  for  the 
sale  of  fruits,  vegetables,  or  berries  that  require  measure- 
ment, in  market  houses,  or  market  stands,  shall  have  the 

1  Repealed   as   to   butter,    lard,    and    sausage.      17    May.    1883,    P.    L.    34. 


fractional  part  or  parts  of  a  bushel,  which  said  basket, 
box,  or  other  article  will  contain,  when  even  full,  labeled, 
stamped  or  marked  thereon,  outside,  in  plain  characters 
of  at  least  one  inch  in  size.1 — i  Oct.,  1858,  §i,  O.  359. 

3.  Standard   Bushel   for   White   Potatoes   and   for    Sweet 

Potatoes 

§75a.  Whenever  any  potatoes  shall  be  sold  within  said 
limits  [market  houses  or  market  stands],  by  the  bushel 
or  its  divisions,  and  any  controversy  shall  arise  between 
the  parties  as  to  the  accuracy  or  truth  of  the  measure- 
ment, or  if  any  dispute  should  arise  between  the  clerk 
and  any  party  whilst  testing  the  correctness  of  the  stamps 
or  marks,  as  to  the  proper  heaping  of  the  measure,  the 
question  shall  be  decided  by  weight,  allowing  [fifty- 
six]2  pounds  of  white  potatoes  to  the  bushel  and  fifty 
pounds  of  sweet  potatoes,  and  in  the  same  proportion  for 
any  of  the  divisions  of  the  bushel. — i  Oct.,  1858,  §3,  O. 
359- 

4.  Use  of  Steelyards  and   Spring   Balances  Forbidden 

§76a.  No  person  shall  use  steelyards  or  spring  balances 
within  the  market  houses,  market  places  or  market  limits 
[belonging  to  the  city.] — 12  Dec.,  1865,  §12,  O.  415. 

5.  Misrepresentation    of    True    Weight    or    Measure    of 

Bread,  Lard,  Butter,  or  Other  Provisions  Forbidden 
—Penalty 

§77a.  No  person  shall  bring  to  the  market  houses  or  mar- 
ket places  [belonging  to  the  city]  for  sale,  any  bread, 
lard,  butter  or  other  provisions  in  lumps,  loaves  or  other 
parcels,  as  or  for  a  greater  weight  or  measure  than  the 

1  The    power    of    the    clerks    of    the    markets    to    enforce    the    ordinance    of 
October   i,  1858,  is  confined  to  the  public  markets. — Warwick's  Opinions,    1884:   91. 

2  i    June,    1891,    P.    L.    160.      This  act    which    is   entitled   "An   act   regulating 
the    standard     weight    of    a    bushel    of    potatoes,"     makes     no    mention    of    sweet 
potatoes.      See    §53    of    this    digest. 

IT4 


true  weight  and  measure  thereof,  or  shall  employ  any 
device  for  imposition  or  fraud  in  the  sale  of  any  pro- 
visions.— 12  Dec.,  1865,  §13,  O.  415. 

§78b.  Any  person  or  persons  who  shall  be  guilty  of  vio- 
lating any  of  the  provisions  of  the  above  ordinance,  shall 
pay  for  each  and  every  such  offence  such  fines  as  are 
hereafter  stipulated,  together  with  the  costs  thereon  to 
be  recoverable  as  fines  are  now  recoverable  by  law.  The 
penalties  follow: 

Section   12     .     .     .the  sum  of  twenty  dollars 
"  ...  13     .     .     .    the  sum  of  five  dollars.1 

— 12  Dec.,  1865,  §119,  O.  416. 


VIII.  LAWS  (OBSOLETE)  GOVERNING  THE  PUR- 
CHASE AND  SALE  OF  SPECIFIC  COM- 
MODITIES 

i.     Beer  and  Ale 

a.     To  be  Sold  by  English  Beer  Measure  Except  When 
Drunk  in   Inns   and   Taverns 

§79  i)  Whereas  by  a  law  of  this  province,  for  regulating 
the  dimensions  of  casks,  etc.  it  is  enacted,  among  other 
things,  that  a  barrel  shall  contain  thirty-one  gallons  wine- 
measure.2  And  whereas  by  another  law  of  this  province, 
for  regulating  of  weights  and  measures,  it  is,  amongst 
other  things,  enacted,  that  none  shall  sell  beer  or  ale  by 
retail,  but  by  beer-measure,  according  to  the  standard  of 
England;  by  reason  whereof  the  retailers  of  beer  and 
ale  are  obliged  to  sell  the  same  by  far  greater  measure 
than  they  buy  it :  For  remedy  whereof  . 

All  persons  which  now  are,  or  which  at  any  time 
or  times  hereafter  shall  be,  licensed  to  keep  any  tavern, 


1  Repeal  clause,   section   20. 

2  The    English    ale    or    beer    gallon    contained    282    cubic    inches;    the    wine 
or    liquid    gallon    contains    231    cubic    inches. 


inn,  ale-house  or  victualling-house,  within  this  province, 
[commonwealth]  shall  sell  beer  and  ale  by  wine-meas- 
ure to  all  persons  as  drink  it  in  their  houses,  and  by 
beer-measure  to  all  such  persons  as  carry  the  same  out 
of  their  houses,  under  the  penalty  of  ten  shillings,  to 
the  use  of  the  poor  for  every  county  where  the  offence 
is  committed. — 1705,  §i,  I  Smith's  Laws,  43. 

2.     Biscuit   Intended   for  Interstate   Commerce 
a.     Standard   Keg— Penalty 

§80  i )  Each  and  every  keg  in  which  biscuit  shall  be  ex- 
ported from  this  commonwealth,  or  therein  exposed  for 
exportation,  shall  contain  at  least  seven  pounds  of  good 
and  merchantable  biscuit.  And  all  and  every  person 
and  persons,' who  shall  .  .  .  export  biscuit  from 
this  commonwealth,  or  herein  expose  the  same  to  sale 
for  exportation,  in  any  keg  or  kegs,  containing  a  less 
quantity  and  inferior  quality  of  biscuit,  than  is  hereby 
directed,  shall  forfeit  and  pay  the  sum  of  five  shillings 
for  every  keg  so  exported,  or  exposed  to  sale  for  ex- 
portation, contrary  to  the  meaning  and  direction  of  this 
act;  to  be  recovered  and  applied  in  the  manner  herein- 
after provided  and  declared.1 — 12  Mar.,  1789,  §10,  (2 
Smith's  Laws,  478.) 

1  All  and  singular  the  forfeiture*  and  penalties  in  and  by  this  act.  or 
the  act  to  which  this  it  a  supplement,  set.  declared,  appointed  and  imposed, 
shall  be.  one-half  thereof  to  the  [department  of  public  health  and  char 
i  June,  1885.  art.  10.  P.  L.  48.  art.  15.  I'  L.  58;  8  Apr..  1903,  |a.  I'  I. 
156.]  in  the  city  of  Philadelphia,  for  the  une  and  benefit  of  the  said  city,  and 
the  districts  annexed  thereto,  and  the  other  half,  to  the  informer,  or  him.  her 
or  them,  who  will  sue  for  the  same,  to  his.  her  or  their  own  use  and  benefit;  and 
if  the  said  forfeitures  and  penalties  be  under  the  sum  of  ten  pounds,  the  same 
shall  and  may  be  sued  for  and  recovered  within  this  commonwealth,  or  if  the 
said  forfeitures  and  •penalties  be  above  the  said  sum  of  ten  pounds,  the  same 
shall  and  may  be  sued  for  and  recovered  by  bill,  plaint  or  information,  in  any 
court  of  record  within  this  commonwealth,  wherein  no  essoin.  protection,  or 
wager  of  law,  nor  more  than  one  imparlance  shall  be  allowed. — 12  Mar..  1789. 
1 1  a,  2  Smith's  Laws,  479. 


If. 


IX.  LAWS  AND  ORDINANCES  INTENDED  TO 
GOVERN  THE  PURCHASE  AND  SALE  OF 
SPECIFIC  COMMODITIES,  BUT  INOPERA- 
TIVE, WHOLLY  OR  IN  PART,  BECAUSE  OF 
LACK  OF  SPECIFIC  ADMINISTRATIVE 
AGENTS  REQUIRED  FOR  THEIR  ENFORCE- 
MENT 

i.     Coal — Anthracite 

a.  Standard  Ton 

§81  i )  Whereas,  it  has  become  absolutely  necessary,  for 
the  better  protection  of  the  citizens  at  large,  as  well  as 
for  the  honestly  disposed  dealers,  that  some  measures 
be  taken  to  prevent  fraud  and  to  secure  fair  and  honest 
competition  in  the  retail  coal  trade  in  the  city  of  Phila- 
delphia; therefore  . 

The  legal  standard  ton  for  anthracite  coal  shall  be 
two  thousand  two  hundred  and  forty  pounds  avoirdu- 
pois weight.1 — 27  May,  1871,  §i,  P.  L.  1287. 

b.  Inspection  Districts  Established  in  Philadelphia 

§82  i )  For  the  purpose  of  carrying  into  effect  the  pro- 
visions of  this  act,  the  city  of  Philadelphia  shall  be 
divided  into  three  districts;  the  first  district  shall  com- 
prise all  that  portion  of  the  said  city  lying  south  of  the 
south  side  of  Chestnut  street;  the  second  district  shall 
comprise  all  that  portion  of  said  city  north  of  the  south 
side  of  Chestnut  street,  extending  to  the  south  side  of 
Girard  avenue,  and  also  to  the  south  side  of  the  track 
of  the  Pennsylvania  railroad  west  to  the  intersection  of 
Girard  avenue  therewith;  the  third  district  shall  com- 
prise all  the  remaining  portion  of  said  city  north  of  the 
south  side  of  Girard  avenue,  and  also  of  the  south  side 

1  In   force  but  supplied  by  26  June,    1895,   §i,   P.   L.   334.      See  §44  of   this 
digest. 

117 


of  the  track  of  the  Pennsylvania  railroad  west  of  the 
intersection  of  Girard  avenue  therewith. — 27  May,  1871, 
§2,  P.  L.  1288. 

c.  Governor,  Councils,  and  Mayor  to  Appoint  Inspec- 

tors 

§83  i )  The  governor  shall  appoint  one  inspector,  and 
select  and  common  councils  of  the  city  and  county  of 
Philadelphia,  are  hereby  authorized  and  empowered  to 
elect  one  inspector,  and  the  mayor  of  the  said  city  to 
appoint  one  inspector,  within  thirty  days  from  the  date 
of  the  passage  of  this  act,  and  every  three  years  there- 
after a  person  of  suitable  qualifications,  who  shall  be 
styled  an  inspector;  the  said  inspectors  shall  decide  by 
lot  among  themselves  the  district  which  each  one  of 
said  inspectors  is  to  occupy. — 27  May,  1871,  §3,  P.  L. 
1287. 

d.  Candidates  for  Inspector  to  Have  No  Interest  in 

Coal  Mining  or  Trade 

§84  i )  No  person  interested  in  the  mining  or  sale  of  coal 
shall  be  eligible  under  the  provisions  of  this  act. — 27 
May,  1871,  §15,  P.  L.  1290. 

e.     Inspectors  to  Stamp  or  Brand   Delivery  Vehicles 
With  Capacity 

§85  i )  It  shall  be  the  duty  of  the  inspectors  to  examine 
.  .  *  every  cart,  wagon  or  other  vehicle  used  for  the 
delivery  of  anthracite  coal  in  their  respective  districts, 
and  to  ascertain,  by  measurement  or  otherwise,  the  ca- 
pacity of  said  vehicles;  and  if  the  cart,  wagon  or  other 
vehicle  will  contain  two  thousand  two  hundred  and  forty 
pounds,  or  fractional  fourths  thereof,  avoirdupois 
weight,  of  hard  white  ash  Schuylkill  coal,  the  said  in- 
spector shall  put  in  a  conspicuous  place  on  said  vehicle 


his  stamp  or  brand,  made  for  such  purpose  and  denoting 
the  capacity  of  said  vehicle. — 27  May,  1871,  §4,  P.  L. 
1288. 

§86  2)  The  stamp  shall  be  put  upon  each  cart,  wagon  or 
other  vehicle  in  fast  colors,  by  the  inspector  of  the  dis- 
trict in  which  it  belongs;  and  when  it  shall  become  ob- 
literated from  any  cause,  the  owner  of  such  cart,  wagon 
or  other  vehicle  shall  have  the  same  re-stamped,  and  pay 
therefor  to  the  said  inspector  the  sum  of  one  dollar; 
and  upon  the  failure  or  neglect  of  said  owner  to  comply 
with  the  provisions  of  this  section,  he  shall  be  compelled 
to  pay  a  fine  of  ten  dollars. — 3  Apr.,  1872,  §2,  P.  L.  773. 

f.     Unlawful  to  Use  Unbranded  Vehicle  or  to  Change 
Capacity  of  Branded  Vehicle — Penalty 

§87  i)  It  shall  be  unlawful  for  any  cart,  wagon  or  other 
vehicle  to  be  used  in  delivering  anthracite  coal  within  the 
city  of  Philadelphia,  unless  the  said  inspector's  stamp  or 
brand  is  placed  thereon;  and  every  person  found  vio- 
lating this  provision  shall  be  subject  to  the  penalty  or 
penalties  as  hereinafter  provided. — 27  May,  1871,  §5, 
P.  L.  1288. 

§88  2)  Every  retail  coal  dealer  in  the  city  of  Philadel- 
phia who  shall  use  any  cart,  wagon,  or  other  vehicle  in 
delivering  anthracite  coal  in  said  city,  which  shall  not 
have  been  stamped  by  the  said  inspectors  as  heretofore 
provided  in  this  act,  shall  be  compelled  to  pay  a  fine  of 
ten  dollars,  one-half  of  which  shall  go  to  the  city  and 
one-half  to  said  inspector. — 27  May,  1871,  §11,  P.  L. 
1289. 

§89  3)  Any  person  who  shall  change  or  alter  the  size  or 
capacity  of  any  cart,  wagon  or  other  vehicle,  used  in 
delivering  anthracite  coal  in  the  city  of  Philadelphia,  and 
stamped  under  the  provisions  of  an  act  to  which  this  is 

119 


a  supplement  [To  regulate  the  weight  of  anthracite  coal 
delivered  by  retail  coal  dealers  in  the  city  of  Philadel- 
phia.— 27  May,  1871,  P.  L.  1287],  with  intent  to  de- 
fraud, by  the  reducing  of  such  cart,  wagon  or  other 
vehicle  to  a  less  capacity  than  is  indicated  by  the  stamp 
thereon,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  compelled  to  pay  a  fine  not  ex- 
ceeding fifty  dollars  and  undergo  an  imprisonment  not 
exceeding  six  months:  Provided,  however,  that  neither 
of  the  coal  inspectors  of  said  city  shall  be  prevented 
from  altering  the  size  or  capacity  of  any  stamped  cart, 
wagon  or  other  vehicle  used  for  the  delivery  of  anthra- 
cite coal  in  the  said  city,  and  restamping  the  same. — 
3  Apr.,  1872,  §i,  P.  L.  772. 

g.     Inspectors  May  Arrest 

§90  i )  Each  of  the  said  coal  inspectors  shall  have  au- 
thority to  arrest,  or  direct  any  police  officer  or  constable 
of  the  city  of  Philadelphia  to  arrest,  any  person  or  per- 
sons, found  violating  this  act  or  the  act  to  which  this  is 
a  supplement  [To  regulate  the  weight  of  anthracite  coal 
delivered  by  retail  coal  dealers  in  the  city  of  Philadel- 
phia.— 27  May,  1871,  P.  L.  1287],  and  to  take  him  or 
them  before  any  [magistrate]1  of  the  city  of  Philadel- 
phia, for  a  hearing.— 3  Apr.,  1872,  §7,  P.  L.  774. 

h.     Inspectors  May  Test  Weight  of  Loads — Penalty 

§91  i )  The  said  inspectors  are  hereby  authorized  and  em- 
powered, at  their  discretion,  to  order  any  cart,  wagon 
or  other  vehicle,  used  by  any  retail  coal  dealer  in  deliv- 
ering anthracite  coal,  to  be  brought  to  any  scales,  within 
four  hundred  yards  of  the  place  where  said  coal  shall 
have  been  loaded,  or  within  four  hundred  yards  of  the 
place  of  arrest  by  the  inspector,  that  have  been  regulated 
by  the  proper  officer  within  twelve  months  then  preced- 

1  Constitution,    1874,   art    5,   |ia. 

120 


ing,  and  thereon  the  said  inspector  shall  take  the  weight 
of  the  vehicle  loaded,  and  after  the  coal  shall  have  been 
taken  to  its  destination,  or  immediately,  if  the  owner  or 
driver  shall  desire  the  same,  the  said  inspector  shall  take 
the  weight  of  the  vehicle  unloaded. — 27  May,  1871,  §6, 
P.  L.  1288. 

§92  2)  For  the  refusal  of  any  driver  of  any  such  vehicle 
to  comply  with  the  request  of  any  of  said  inspectors  to 
drive  to  a  weigh  scale:  Provided,  the  scales  designated 
are  within  four  hundred  yards  of  the  place  where  the 
said  coal  shall  have  been  loaded,  the  said  inspector  may 
order  the  driver  under  arrest,  and  take  measures  to 
weigh  said  coal  himself;  said  driver,  for  such  refusal, 
shall  be  compelled  to  pay  a  fine  of  five  dollars,  one-half 
to  go  to  the  city,  the  other  half  to  the  said  inspector. — 
27  May,  1871,  §12,  P.  L.  1289. 

§93  3)  Any  person  who  shall  refuse  to  permit  the  scales 
chosen  by  said  inspector  to  be  used  by  him,  shall  be 
compelled  to  pay  a  fine  of  ten  dollars,  one-half  of  which 
shall  go  to  the  city  the  other  half  to  the  said  inspector. 
—27  May,  1871,  §13,  P.  L.  1289. 

§94  4)  The  said  inspectors  are  hereby  authorized  and 
empowered,  at  their  discretion,  to  order  any  cart,  wagon 
or  other  vehicle  used  by  any  retail  coal  dealer  in  deliv- 
ering anthracite  coal  within  the  city  of  Philadelphia,  to 
be  taken  back  to  the  place  where  the  said  coal  shall  have 
been  loaded:  Provided,  The  place  of  arrest  be  within 
four  hundred  yards  thereof,  where  the  inspectors  may 
take  the  weight  of  the  vehicle  loaded;  and  after  the  coal 
shall  have  been  taken  to  its  destination,  or  immediately 
if  the  owner  or  driver  shall  desire  the  same,  the  said  in- 
spector shall  take  the  weight  of  the  vehicle  unloaded ;  and 
for  the  refusal  of  any  driver  of  any  such  vehicle,  to  com- 
ply with  the  order  of  any  of  said  inspectors,  to  drive 

121 


back  to  the  place  where  the  coal  shall  have  been  loaded, 
he  shall  be  compelled  to  pay  a  fine  of  ten  dollars. — 3 
Apr.,  1872,  §5,  P.  L.  773. 

i.     Inspectors  to  Notify  Dealers  of  Short  Weight 

§95  i)  If  the  said  inspector  shall  find  the  weight  of  coal 
contained  in  the  said  vehicle,  to  be  less  than  two  thou- 
sand two  hundred  and  forty  pounds  avoirdupois  for  a 
ton,  and  for  a  fraction  of  a  ton,  in  a  relative  proportion, 
being  less  than  said  vehicle  was  represented  to  contain, 
allowing  forty  pounds  for  constantly  changing  weight 
of  animal  and  vehicle,  the  said  inspector  shall  notify  the 
dealer  owning  said  coal,  so  found  to  be  deficient  in 
weight,  of  the  same,  and  of  the  penalty  incurred. — 27 
May,  1871,  §7,  P.  L.  1288. 

j.     Retail  Dealers  Subject  to  Fine  for  Short  Weight 
or  for  Use  of  Unbrandcd  Vehicle 

§96  i )  Any  retail  coal  dealer  sending  out  into  the  high- 
way a  load  of  anthracite  coal,  containing  less  than  two 
thousand  two  hundred  and  forty  pounds  avoirdupois 
for  a  ton,  except  when  delivering  fractions  of  a  ton,  or 
if  delivering  a  fraction  of  a  ton  and  said  fraction  of  a 
ton  contain  less  relatively  than  the  legal  standard  of  two 
thousand  two  hundred  and  forty  pounds  avoirdupois,  the 
dealer  so  acting  shall  be  compelled  to  pay  a  fine  of  fifty 
dollars,  one-half  to  go  to  the  city  and  one-half  to  the 
said  inspector.1 — 27  May,  1871.  £14.  P.  L.  1289. 

§97  2)  Any  person  delivering  or  causing  to  be  delivered 
anthracite  coal  into  any  unstamped  cart,  wagon  or  other 
vehicle  used  for  the  delivery  of  anthracite  coal  by  retail, 
within  the  city  of.  Philadelphia,  with  knowledge  that 
such  cart,  wagon  or  other  vehicle  is  used  for  MH  h  pur- 

1  Repeal  clause,  section    15. 

IJJ 


pose  within  the  said  city,  shall  be  compelled  to  pay  a 
fine  of  ten  dollars  for  each  offence. — 3  Apr.,  1872,  §3, 
P.  L.  773. 

k.     Salary  of  Inspectors — Inspectors  to  be   Sworn 

§98  i )  The  salary  of  each  of  the  said  inspectors  shall  be 
the  sum  of  one  thousand  six  hundred  dollars  per  annum 
...  to  be  paid  from  the  city  treasury,  on  a  warrant 
drawn  by  the  mayor  of  the  city;  and  each  of  the  said 
inspectors  shall  be  qualified  upon  oath  to  perform  hon- 
estly and  truly  their  several  duties  to  the  best  of  their 
abilities.— 27  May,  1871,  §8,  P.  L.  1289. 

1.     Tax  on  Retail  Dealers 

§99  i )  To  provide  means  for  the  payment  of  the  salaries 
of  the  said  inspectors,  each  retail  coal  dealer  in  the  city 
and  county  of  Philadelphia,  shall  pay  an  annual  tax  .  .  . 
equal  in  amount  to  the  mercantile  tax  now  in  force,  to 
be  assessed  and  collected  in  the  same  manner  and  by 
the  same  officers  as  the  said  mercantile  tax  is  now  col- 
lected, and  the  amount  so  collected  to  be  paid  into  the 
hands  of  the  city  treasurer. — 27  May,  1871,  §9,  P.  L. 
1289. 

m.     Inspection  Fees 

§100  i)  For  each  cart,  wagon  or  other  vehicle  used  by 
any  retail  coal  dealer  in  delivering  anthracite  coal  in 
the  city  of  Philadelphia,  stamped  by  the  said  inspectors, 
and  which  stamp  is  the  consumer's  guarantee  of  its 
proper  capacity,  the  owner  shall  pay  to  the  said  inspector 
one  dollar. — 27  May,  1871,  §10,  P.  L.  1289. 

n.     Retail  Dealers  to  Furnish  Delivery  Tickets  Show- 
ing Quantity  in  Each  Load— Penalty 

§101  i)  It  shall  be  unlawful  for  any  retail  coal  dealer  of 
the  city  of  Philadelphia,  to  deliver  any  quantity  or  quan- 

123 


titles  of  anthracite  coal,  which  shall  have  been  sold  by 
weight,  without  each  such  delivery  being  accompanied 
with  a  delivery-ticket,  whereon  shall  be  distinctly  ex- 
pressed in  tons,  fractional  fourths  thereof,  or  pounds 
avoirdupois,  the  quantity  or  quantities  of  coal  contained 
in  the  cart,  the  wagon  or  other  vehicle  used  in  such  deliv- 
ery, with  the  name  of  the  purchaser  thereof,  and  the 
dealer  from  whom  purchased;  and  for  each  failure  or 
refusal  to  produce  such  delivery  ticket  when  called  for 
by  either  of  the  inspectors  or  the  purchaser  of  the  coal, 
the  driver  or  owner  of  the  vehicle  shall  be  compelled  to 
pay  a  fine  of  ten  dollars. — 3  Apr.,  1872,  §4,  P.  L.  773. 

o.     Procedure  for  Recovery  of  Penalties 

§102  i )  All  penalties  provided  by  this  act,  and  the  act  to 
which  this  is  a  supplement  [To  regulate  the  weight  of 
anthracite  coal  delivered  by  retail  coal  dealers  in  the  city 
of  Philadelphia.— 27  May,  1871,  P.  L.  1287.],  shall  be 
recoverable  by  action  of  debt  in  the  same  manner  as 
penalties  are  now  by  law  recoverable,  to  be  brought  in 
the  name  of  the  coal  inspector;  one-half  of  said  hms 
and  penalties  to  go  to  the  city  of  Philadelphia,  and  the 
other  half  to  go  to  the  said  inspector;  and  corporations 
and  companies  violating  this  act,  or  the  act  to  which 
this  is  a  supplement,  shall  incur  like  penalties  with  indi- 
viduals.1—3  Apr.,  1872,  §6,  P.  L.  773. 

2.     Grain  and  Salt — Imported 

a.     Governor  to  Appoint  Measurer  of  Corn  and  Salt 

§103  i)  There  [shall]  be  appointed  by  the  [governor]2 
of  this  commonwealth  some  proper  and  discreet  person, 
to  be  the  measurer  of  all  kinds  of  corn  and  salt  imported 
or  brought  into  the  port  and  city  of  Philadelphia  for 
sale ;  which  officer,  before  he  enters  on  the  duties  of  the 


1  Repeal   clause,   section   9. 

1  22  Apr.,  1794,  3  Smith's  Laws,   185. 

124 


office,  shall  take  and  subscribe  before  one  of  the  judges 
of  the  court  of  common  pleas  for  the  county  of  Philadel- 
phia, an  oath  or  affirmation,  that  he  will  in  all  things 
well  and  faithfully  execute  the  office  of  measurer  of  corn 
and  salt,  within  the  city  and  port  of  Philadelphia,  accord- 
ing to  the  best  of  his  knowledge  and  ability,  and  the 
directions  contained  in  this  act. — 22  Sept.,  1785,  §2,  2 
Smith's  Laws,  350. 

b.     Measurer  of  Corn  and  Salt  to  Measure  Imported 
Grain  and  Salt 

§104  i )      The  duty  of  the  said  officer  shall  be  : 

To  provide,  at  his  own  cost,  a  sufficient  number 
of  barred  half  bushel  measures  for  corn,  and  unbarred 
half  bushel  measures  for  salt,  made  of  dry,  well  sea- 
soned white  oak,  and  to  have  the  same  compared  with 
and  regulated  by  the  public  standard  half  bushel  meas- 
ure kept  in  the  city  of  Philadelphia,  at  least  twice  in  every 
year  that  the  same  shall  be  used : 

To  employ  a  sufficient  number  of  able-bodied  and 
trusty  persons,  to  act  as  his  deputies,  in  the  measuring 
and  striking  all  kinds  of  corn  and  salt,  which  shall  be 
imported  and  brought  into  the  city  or  port  of  Philadel- 
phia for  sale,  which  deputies,  before  they  shall  take  upon 
themselves  to  measure  any  corn  or  salt,  shall  take  and 
subscribe  before  one  of  the  said  judges,  the  like  oath 
or  affirmation  hereinbefore  mentioned  : 

The  said  officer  shall,  upon  notice  to  him  given  in 
writing,  that  any  ship,  shallop  or  vessel,  boat,  cart  or 
wagon,  hath  imported  or  brought  into  the  city  or  port 
any  corn  or  salt,  and  that  the  same  is  sold  and  ready  to 
be  delivered  to  the  purchaser,  send  one  or  more  of  his 
deputies,  within  two  hours,  to  measure  the  same ;  which 
deputy  or  deputies,  taking  with  them  a  sufficient  num- 
ber of  the  said  half  bushel  measures,  therewith  shall  well 
and  faithfully  measure  the  same,  and  forthwith  deliver 

125 


to  the  seller  an  account  of  the  number  of  bushels  by  him 
measured  and  delivered,  and  a  duplicate  thereof  to  the 
buyer;  and  shall  every  day,  on  which  he  shall  measure 
any  corn  or  salt,  return  to  the  said  officer  an  account 
of  the  whole  quantity  by  him  measured,  with  the  name 
of  the  seller  and  buyer,  and  the  ship,  vessel,  boat,  cart 
or  wagon,  from  which  the  same  was  delivered. 

The  said  officer  shall  keep  a  fair  book,  in  which  he 
shall  register  the  date,  names  of  the  sellers  and  buyers, 
the  quantity  and  species  of  the  corn  and  salt  measured ; 
which  book  shall  be  open  for  the  inspection  of  the  sellers 
and  buyers,  at  any  time  when  they  shall  have  occasion 
to  refer  to  the  same. — 22  Sept.,  1785,  §3,  2  Smith's 
Laws,  350. 

c.     Measurer  of  Corn  and  Salt  May  Remove  Deputies 

§105  i)  Upon  like  complaint  [made  by  any  two  dealers 
in  corn  or  salt,  dwelling  in  the  city  of  Philadelphia,  the 
township  of  the  Northern  Liberties  or  district  of  South- 
wark],  to  be  made  to  two  of  the  jusitces  of  the  court  of 
common  pleas  for  the  county  of  Philadelphia,  that  any 
of  the  deputies  of  the  said  officer  has  misbehaved  him- 
self, or  neglected  his  duty,  the  said  two  justices  shall 
.  .  .  summon  the  party  complained  of,  and  if  they 
see  cause  deprive  him  of  the  office  of  deputy-measurer, 
after  which  he  shall  not  be  qualified  to  measure  any 
grain  or  salt  bought  or  sold  within  this  city  or  port. — 
22  Sept.,  1785,  §7,  2  Smith's  Laws,  352. 

§106  2)  The  measurer  of  all  kinds  of  corn  and  salt,  im- 
ported or  brought  into  the  port  of  Philadelphia  for  sale, 
shall  have  full  power  and  authority  to  remove  any 
deputy  measurer,  and  appoint  another,  or  others,  from 
time  to  time,  as  he  may  deem  necessary;  and  if  any 
deputy  or  deputies,  after  such  removal,  shall  measure 
any  grain,  seed,  salt  or  coal,  contrary  to  the  meaning  of 
this  act,  he  shall,  for  every  such  offence,  forfeit  and  pay 

126 


a  fine  of  fifty  dollars,  to  be  recovered  in  the  same  man- 
ner that  any  other  debt  is  by  law  recoverable. — 16  June, 
1836,  §4,  P.  L.  683. 

§107  3)  Upon  complaint  made  to  the  said  measurer,  by 
any  two  citizens  of  this  commonwealth,  that  any  of  his 
deputies  have  misbehaved  themselves  in  the  performance 
of  their  duties,  or  have  neglected  the  same,  and  if  he 
shall  find  the  said  complaint  to  be  true,  he  shall  remove 
such  deputy  measurer  from  office. — 16  June,  1836,  §5, 
P.  L.  683. 

d.  Buyers  to  Receive  Certificates  of  Weight 

§108  i)  The  head  measurer,  and  his  deputies,  when 
weighing  grain,  shall  keep  true  and  accurate  accounts  of 
the  same,  and  furnish  to  buyer  and  seller  a  certificate 
of  the  weight;  and  whenever  their  services  may  be  re- 
quired, by  buyer,  or  seller,  to  weigh  grain,  the  charges 
therefor,  shall  be  no  greater  than  for  measuring;  and 
for  all  grain  that  a  deputy  may  either  measure  or  weigh, 
he  shall  make  return  to  the  head  measurer. — 12  Apr., 
1867,  P.  L-  74- 

e.  Fees 

§109  i )  The  fees  to  be  received  by  the  several  inspectors 
in  the  city  and  county  of  Philadelphia  shall  be  as  fol- 
lows, to  wit. 

By  the  measurer  of  corn  and  salt. 

In  performing  the  duties  enjoined  upon  him  by  law, 
for  every  one  hundred  bushels  of  .  .  .  salt,  seven 
cents. 

By  the  deputies  of  the  said  measurer. 

For  every  one  hundred  bushels  of  salt  which  they 
shall  measure  and  keep  an  account  of,  ten  cents. — 27 
Mar.,  1821,  §i,  P.  L.  133  (7  Smith's  Laws,  418.) 

127 

29476—9 


§110  2)  The  fees  to  be  received  by  the  measurer  of 
grain,  or  his  deputies  for  the  port  and  city  of  Philadel- 
phia, shall  be  forty  cents  for  every  one  hundred  bushels 
of  grain  of  whatever  description,  including  flaxseed, 
beans  and  peas,  which  he  or  they  shall  measure,  and 
keep  an  account  of,  agreeably  to  law,  and  the  provisions 
of  any  act  so  far  as  they  are  altered  or  supplied  by  this 
act  are  hereby  repealed. — 12  Apr.,  1842,  §19,  P.  L.  265. 

§111  3)  If  any  person  whose  fees  are  fixed  by  this  act, 
by  colour  of  his  office  or  occupation,  by  custom  or  under 
any  other  prefense  whatsoever,  shall  take  any  other  or 
greater  fees  for  services  performed  in  pursuance  of  this 
act,  than  are  hereby  allowed,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  before  any 
[magistrate]1  of  the  city  .  .  .  of  Philadelphia,  or 
justice  of  the  peace  of  the  county  of  Philadelphia,  pay 
a  fine  of  fifty  dollars,  one-half  to  the  commonwealth, 
and  one-half  to  the  party  injured. — 27  Mar.,  1821 
P.  L.  134.  (7  Smith's  Laws,  419.) 

§112  4)  Nothing  in  this  act  contained  shall  extend,  or  be 
construed  to  extend,  to  any  retailers  of  corn  or  salt,  in 
or  out  of  any  store  or  the  public  market-places  in  the 
city,  township  or  district  aforesaid,  nor  to  entitle  the 
said  officer  to  the  reward  aforesaid,  upon  any  corn  or 
salt  which  has  been  once  measured  in  manner  aforesaid, 
and  delivered  into  -any  store,  warehouse  or  granary  in 
the  said  city,  township  or  district. — 22  Sept.,  1785,  §8, 
2  Smith's  Laws,  352. 

3.     Lime 

a.     Standard  Bushel  Measure 

§113  i)  The  bushel  used  for  the  measuring  of  lime  in 
the  city  and  county  of  Philadelphia  .  .  .  shall  be  of 

1  Constitution,   1874.  ««.  5.  S»a- 

128 


the  following  denominations,  to  wit:  thirteen  inches 
and  a  half  in  diameter  at  the  bottom  in  the  clear,  fifteen 
inches  diameter  at  the  top  in  the  clear,  and  thirteen 
inches  and  forty-seven  hundredths  perpendicular  depth 
in  the  clear. — 23  Mar.,  1819,  §i,  P.  L.  150.  (7  Smith's 
Laws,  192.) 

b.     Courts    to    Appoint    Officials    to    Brand    Bushel 
Measures — Penalty 

§114  i )  It  shall  be  the  duty  of  the  several  courts  of  com- 
mon pleas,  within  the  city  and  counties  aforesaid,  to 
appoint  one  or  more  suitable  persons  in  each  of  said 
counties,  as  to  them  shall  appear  necessary,  whose  duty 
it  shall  be,  after  being  for  that  purpose  duly  sworn  or 
affirmed,  by  a  judge,  alderman  or  justice  of  the  peace 
[magistrate  in  Philadelphia]1,  of  the  city  or  proper 
county;  and  a  certificate  of  such  qualification,  filed  in  the 
prothonotary's  office,  to  procure  a  brand  and  mark 
every  bushel  intended  to  be  used  for  the  measuring  of 
lime,  with  the  letters  L.  B.  in  the  manner  that  weights 
and  measures  are  now  stamped  or  marked  in  the  city 
of  Philadelphia;  for  which  service  he  shall  be  entitled 
to  receive  twenty-five  cents  for  each  bushel  so  stamped 
or  marked. — 23  Mar.,  1819,  §2,  P.  L.  150.  (7  Smith's 
Laws,  192.) 

§115  2)  If  any  person  or  persons,  in  the  city  or  counties 
aforesaid,  shall  use,  for  the  measuring  of  lime,  a  bushel 
of  any  other  dimensions,  or  not  stamped  as  is  herein- 
before directed,  he  or  they  shall  forfeit  and  pay  the  sum 
of  five  dollars  for  every  such  offence,  to  be  recovered 
before  any  alderman  or  justice  of  the  peace  [magistrate 
in  Philadelphia],2  upon  due  proof  to  him  made,  in  the 
same  manner  that  debts  of  like  sum  are  recoverable,  to 


1  Constitution,    1874,   art.    5,    §12. 

2  Constitution,   1874,  art.  5,  §12. 


129 


be  paid  to  the  treasurer  of  the  county  wherein  the  offence 
was  committed,  for  the  use  of  the  county. — 23  Mar., 
r.  1819,  §3,  P.  L.  151.     (7  Smith's  Laws,  192.) 

4.  Marble 

a.     Governor  to  Appoint  Measurer  of  Marble 

§116  i )  The  governor  ...  is  hereby  authorized  and 
required  to  appoint  a  measurer  of  marble,  whose  duty 
it  shall  be  faithfully  to  measure  all  marble,  in  the  rough, 
brought  into  the  city  and  county  of  Philadelphia  for 
sale,  when  thereto  required  by  the  parties,  or  either  of 
them,  whose  compensation  shall  be  one  cent  per  foot  for 
cubic  marble,  and  one  fourth  of  a  cent  per  foot  for  slab 
marble. — 14  Apr.,  1838,  §9,  P.  L.  460. 

5.  Wood  and  Bark 

a.     Standard  Cord — Penalties 

§117  I )  All  cord  wood  brought  to  market  within  the  city 
and  county  of  Philadelphia,  shall  be  at  least  four  feet  in 
length,  including  one-half  the  kerf,  and  the  cord  shall 
be  computed  at  the  rate  of  eight  feet  in  length,  four 
feet  in  breadth  and  four  feet  in  height,  while  stowed 
and  packed,  the  straight  wood  shall  be  placed  by  all 
venders  of  cord  wood  compactly  in  the  lower  part  of  the 
pile,  and  the  crooked  wood  in  the  upper  part  thereof, 
and  a  reasonable  and  fair  allowance  shall  be  made  by  all 
corders  or  venders  of  wood  for  the  loss  sustained  by 
crooked  or  uneven  wood. — 10  Mar.,  1817,  §2,  P.  L.  92. 

§118  2)  If  any  person  shall  expose  to  sale  within  the  city 
and  county  of  Philadelphia,  any  wood  less  than  four 
feet  in  length,  it  shall  be  liable  to  be  seized  by  any 
corder  of  wood  and  forfeited,  one  half  to  the  use  of  the 
said  corder,  and  the  other  to  the  guardians  of  the  poor 
of  the  city  [department  of  public  health  and  charities  in 

130 


Philadelphia],1  district  or  township  in  which  it  shall  be 
seized ;  but  in  case  the  person  exposing  the  wood  for  sale, 
shall  deem  himself  aggrieved  thereby,  he  may  appeal  to 
any  alderman  or  justice  of  the  peace  of  the  city  [magis- 
trate in  Philadelphia]  ,2  district  or  township  in  which  the 
seizure  is  made,  who  shall  hear,  try  and  determine  the 
same :  and  if  any  person  shall,  within  the  said  limits,  sell 
as  a  cord  of  wood  or  bark,  for  fuel,  any  quantity  less 
than  the  standard  measure  prescribed  by  this  act,  unless 
the-  same  shall  have  been  previously  measured  by  a 
corder,  and  is  sold  without  any  change  since  such  meas- 
urement, he  shall  forfeit  and  pay  the  sum  of  ten  dollars; 
and  if  any  corder  shall  refuse  or  neglect  to  perform  the 
duties  enjoined  on  him  by  this  act,  he  shall,  for  every 
such  offence,  forfeit  and  pay  the  sum  of  ten  dollars; 
and  if  any  corder  shall  purchase  any  wood  for  the  pur- 
pose of  selling  it  again,  he  shall  forfeit  and  pay  the  sum 
of  one  hundred  dollars,  which  several  penalties  and  for- 
feitures may  be  recovered  as  debts  of  a  similar  amount 
are  by  law  recoverable  before  any  alderman  or  justice 
of  the  peace  within  the  city  [magistrate  in  Philadel- 
phia],2 district  or  township  in  which  the  offence  shall 
have  been  committed,  and  shall  be  one  half  for  the  use 
of  the  person  prosecuting  for  them,  and  the  other  for 
the  guardians  of  the  poor  of  the  said  city  [department 
of  public  health  and  charities  in  Philadelphia],1  district 
or  township. — 10  Mar.,  1817,  §3,  P.  L.  93.  (6  Smith's 
Laws,  415.) 

1  i    June,    1885,    art.    10,    P.    L.    48,    art.    15,    P.    L.    58;    8    Apr.,    1903,    §2, 
P.    L.    156. 

"Constitution,    1874,    art.    5,    §12. 


X.  LAWS  AND  ORDINANCES  INTENDED  TO 
GOVERN  THE  PURCHASE  AND  SALE  OF 
FRUITS,  BERRIES,  VEGETABLES,  AND 
BREAD  IN  MARKET  HOUSES  AND  MARKET 
STANDS  BELONGING  TO  THE  CITY,  BUT 
INOPERATIVE,  WHOLLY  OR  IN  PART,  BE- 
CAUSE OF  LACK  OF  OFFICIAL  SEALERS  OF 
WEIGHTS  AND  MEASURES 

1.  Clerks  of  the  Markets  to  Test  Weight  of   Loaves  of 

Bread — Penalty 

§119a.  All  loaf-bread  made  for  sale,  within  this  com- 
monwealth, shall  be  sold  by  the  pound  avoirdupois,  and 
every  baker  or  other  person,  offering  the  same  for  sale, 
shall  keep  at  his  or  her  house,  or  at  such  other  place  at 
which  he  or  she  shall  at  any  time  offer  or  expose  for  sale 
any  such  bread,  sufficient  scales  and  weights,  lawfully 
regulated,  for  the  purpose  of  weighing  the  same;  and  if 
any  baker  or  other  person  shall  .  .  ;  sell  or  offer 
for  sale  any  loaf-bread,  in  any  other  manner,  the  con- 
tract respecting  the  same  shall  be  void,  and  the  person 
offending  against  this  act  shall,  on  conviction,  forfeit 
and  pay  the  sum  of  ten  dollars  for  every  such  offence, 
one-half  to  the  use  of  the  informer,  and  the  other  half 
to  the  use  of  this  commonwealth;  and  it  shall  be  the 
especial  duty  of  the  clerk  of  the  market,  in  any  place 
where  such  officer  is  appointed,  to  discover  and  prose- 
cute all  persons  offending  against  this  act.1 — i  Apr., 
1797,  §2,  3  Smith's  Laws,  295. 

2.  Clerks  of  the  Markets  to  Test  Accuracy  of  Marks  Sei- 

ting  Forth,  in  Terms  of  Dry  Measure,  the  Capacity 
of  Containers  of  Fruits,  Berries,  and  Vegetables* — 
Penalty 

§120a.     The  several  clerks  of  the  markets2  are  hereby  au- 
thorized and  instructed  to  test  the  correctness  of  such 


»This  act  is  in   force.— Johnson  v.    Kolb,  3   W.    N.   C,   273.      (1876.) 

3  The    power   of    the    clerks    of    the    markets    to    enforce    the    ordinance    of 

October    i,    1858,   is   confined   to  the   public   markets. — Warwick's   Opinions,    1884; 

91. 


labels,  stamps,  or  marks  [on  every  basket,  box,  tub,  or 
other  article  used  for  the  sale  of  fruits,  vegetables,  or 
berries,  in  market  houses,  or  market  stands,  showing  in 
plain  characters  of  at  least  one  inch  in  size,  the  capacity 
in  fractional  parts  of  a  bushel  —  §i]  as  often  as  they  may 
judge  proper,  by  measuring  the  contents  of  any  basket, 
box,  tub,  bucket,  or  any  other  article,  by  sealed  measures 
of  this  city;  and  if  any  clerk  should  find  any  basket  or 
other  article  which  will  not  contain  the  quantity  repre- 
sented by  the  figures  or  characters  marked  thereon,  or 
if  he  should  find  any  basket  or  other  article  without  such 
marks,  in  either  case,  such  basket,  box,  tub,  or  other 
article,  with  its  contents,  shall  be  forfeited,  one-third  to 
the  clerk,  and  the  other  two-thirds,  with  the  basket,  box, 
or  tub,  shall  be  delivered  by  the  clerk  to  the  [department 
of  public  health  and  charities.]1—!  Oct.,  1858,  §2,  O. 

359- 

3.  Sales  to  be  Made  Only  by  Legally  Regulated  and 
Stamped  Weights  and  Measures  and  by  Accurate 
Scales—  Penalty 

§121a.  No  person  shall  use  steelyards  or  spring  balances 
within  the  market  houses,  market  places  or  market  lim- 
its [belonging  to  the  city],  nor  shall  sale  be  made  rjy 
other  weights  and  measures  than  such  as  shall  have  been 
legally  regulated  and  stamped,  and  by  just  scales.  —  12 
Dec.,  1865,  §12,  O.  415. 

§122b.  Any  person  or  persons  who  shall  be  guilty  of  vio- 
lating any  of  the  provisions  of  the  above  ordinance,  shall 
pay  for  each  and  every  such  offence  such  fines  as  are 
hereafter  stipulated,  together  with  the  costs  thereon  to 
be  recoverable  as  fines  are  now  recoverable  by  law.  The 
penalties  follow  :  . 

Section   12    .     .    .the  sum  of  twenty  dollars.2- 
12  Dec.,  1865,  §19,  O.  416. 

,    1885,    art.     10,    P.    L.    48.    art.    15,    P.    L.    58;    8    Apr.,    1903,    §2 


133 


P.    L.    156. 

-  Repeal  clause,  section  20. 


XI.  GENERAL  PENAL  PROVISIONS,  INOPERA- 
TIVE IN  PHLADELPHIA  BECAUSE  OF 
LACK  OF  OFFICIAL  SEALERS  OF  WEIGHTS 
AND  MEASURES 

1.  For    Failure    to    Comply    With    Recommendations    of 

Sealers,  or  for  Selling  by  False  Beams,  Scales, 
Weights,  or  Measures 

§123a.  In  case  any  maker,  vender  or  proprietor  of  beams. 
scales,  weights  or  measures,  within  the  city  or  county  of 
Philadelphia,  or  county  for  which  a  sealer  has  been  ap- 
pointed, shall  neglect  or  refuse  to  comply  with  the 
requisitions  which  the  regulator  of  weights  and  meas- 
ures is  authorized  and  directed  to  make,  or  shall  sell  by 
false  beams,  scales,  weights  or  measures,  such  person  or 
persons  so  offending  shall,  for  each  and  every  offence, 
forfeit  and  pay  the  sum  of  five  dollars,  which  may  be 
sued  for,  and  recovered  as  debts  of  the  like  amount  are 
by  law  recoverable  for  the  use  of  the  poor  of  the  city. 
district  or  township,  in  which  such  fine  shall  have  been 
incurred:  Provided,  That  the  provisions  of  the  tilth 
and  sixth  sections  of  this  act1  shall  not  be  so  COIIMI  i 
to  extend  to  such  beams,  scales,  weights  and  measures, 
as  shall  not  be  used  by  the  proprietors  thereof,  for  the 
purpose  of  buying  and  selling  the  same. — 15  Apr..  1845, 
§7,  P.  L.  444. 

2.  For  Offering  for  Sale  any  Unsealed  Dry  Measures 

§124a.  It  shall  be  the  duty  of  any  person  or  persons  offer- 
ing dry  measures  for  sale,  within  the  limits  of  the  city 
and  county  of  Philadelphia,  to  have  the  same  stamped 
and  sealed  by  the  proper  officer  of  said  city  and  county. 
and  any  person  found  guilty  of  offering  or  exposing  for 
sale  any  dry  measure  without  having  the  same  sealed 

1  These   sections   were   repealed   by  implication    by   8    Mar..    188}.    I'     I,     6 
See  p.   1 8. 

134 


and  adjusted  by  the  proper  officer  as  aforesaid,  shall  be 
liable  to  a  penalty  of  five  dollars  for  every  such  offence, 
to  be  collected  as  debts  of  like  amount  are  now  collected, 
one-half  to  go  to  the  informer,  and  the  other  half  to  the 
use  of  said  county.1 — 18  Mar.,  1842,  §6,  P.  L.  126. 

3.  For  Altering  Sealed  Measure,  or  Selling  by  the  Same 

§125a.  Any  person  who  shall,  in  any  way,  alter  any  meas- 
ure, so  that  the  capacity  thereof  is  diminished,  after  the 
same  shall  have  been  adjusted  and  sealed,  or  shall,  in 
buying  or  selling,  use  any  measure  so  altered;  and  any 
person  who  shall  alter  any  scale,  beam  or  weight,  so  as 
to  impair  the  adjustment  thereof,  after  the  same  shall 
have  been  adjusted  and  sealed;  and  any  dealer,  vender 
or  weigher,  who  shall  have  in  his  possession  any  scale, 
beam,  weight  or  measure,  so  altered  as  aforesaid,  shall, 
on  conviction  thereof,  before  any  alderman  or  justice  of 
the  peace  [magistrate  in  Philadelphia],2  forfeit  and  pay 
the  sum  of  ten  dollars;  and  if  the  person  so  convicted 
refuse  or  neglect  to  satisfy  such  forfeiture,  with  costs, 
immediately,  or  produce  goods  and  chattels  sufficient 
whereon  to  levy  the  said  forfeiture,  together  with  cost, 
then  the  said  alderman  or  justice  of  the  peace  [magis- 
trate]2 shall  commit  the  offender  to  the  jail  of  the  county 
wherein  the  offence  was  committed,  there  to  be  kept  at 
hard  labor  for  the  space  of  thirty  days. — 21  Apr.,  1846, 
§i,  P.  L.  467. 

4.  Appeals 

§126a.  Any  person  who  shall  be  convicted  as  aforesaid, 
and  shall  think  himself  or  herself  aggrieved  by  such  con- 
viction, may  remove  the  proceedings,  by  certiorari,  to 
the  next  court  of  quarter  sessions,  held  for  the  city  or 
county  wherein  the  offence  shall  have  been  committed; 

1  Repeal  clause,  same  section. 

2  Constitution,    1874,   ar*-    5>   §12- 


and  on  the  hearing  of  the  certiorari,  the  court  may,  if 
they  think  proper,  examine  testimony;  but  no  judgment 
shall  be  reversed  for  any  matter  of  form,  if  it  shall  be 
proved  to  the  satisfaction  of  the  court,  that  the  offence 
charged  has  been  committed  by  the  defendant. — 21  Apr., 
1846,  §2,  P.  L.  468. 

5.     Disposition  of  Fines 

§127a.  One  moiety  of  the  forfeitures  in  money  accruing 
and  becoming  due  for  any  offence  against  this  act,  shall 
be  paid  to  the  overseers  or  guardians  of  the  poor  of  the 
city,  borough  or  township,  wherein  the  offence  shall 
have  been  committed  [department  of  public  health  and 
charities  in  Philadelphia],1  and  the  other  moiety  to  the 
person  or  persons  who  shall  prosecute  and  sue  for  the 
same. — 21  Apr.,  1846,  §3,  P.  L.  468. 


1  i    June,    1885,    art.    10,    P.    L.    48,    art.    15,    P.    L.    58;    8    Apr.,    1903,    §2, 
P.   L.    156. 


136 


APPENDIX    B 

Suggestions  for  National  and  State  Laws  Adopted  by  the 
National  Conference  on  Weights  and  Measures  at  the 
Third  Annual  Conference,  May  16-17,  I9°7 

National  Law 

The  Secretary  of  Commerce  and  Labor  is  authorized 
to  furnish  a  complete  set  of  standard  weights  and  measures, 
adopted  or  accepted  by  the  National  Bureau  of  Standards, 
to  any  State,  Territory,  and  the  District  O'f  Columbia,  under 
the  following  conditions: 

Sec.  i.  That  the  office  of  state  commissioner  of 
weights  and  measures  be  established. 

Sec.  2.  That  facilities  such  as  suitable  quarters  and 
equipment  be  provided  for  the  state  commissioner  of  weights 
and  measures  at  the  expense  of  the  State  or  Territory. 

Sec.  3.  That  the  state  commissioner  of  weights  and 
measures  be  required  to  make  an  annual  report  to  the  gov- 
ernor, a  copy  of  which  shall  be  filed  with  the  National 
Bureau  of  Standards,  giving,  in  addition  to  other  informa- 
tion, the  number  of  weights,  measures,  and  balances  tested, 
sealed,  or  condemned  by  him,  together  with  an  inventory  of 
the  standards  and  apparatus  in  his  possession. 

Sec.  4.  No  weighing  or  measuring  device  shall  be 
used  for  the  purpose  of  trade  until  the  type  has  been  ap- 
proved by  the  National  Bureau  of  Standards.  Any  type  so 
approved  may  be  used  anywhere  in  the  United  States :  Pro- 
vided, That  nothing  in  this  act  shall  prevent  the  state  com- 
missioner of  weights  and  measures  or  local  inspector  from 
condemning  such  device  if  its  operation  should  be  defective. 

Monthly  bulletins  giving  a  description  of  any  weighing 
or  measuring  device  approved  by  the  National  Bureau  of 
Standards  shall  be  sent  to  the  state  officer  of  weights  and 
measures  of  each  state. 

137 


Sec.  5.  Model  regulations  for  the  guidance  of  state 
commissioners  of  weights  and  measures  and  local  inspectors 
shall  be  prepared  by  the  National  Bureau  of  Standards  in 
cooperation  with  the  National  Association  of  State  Com- 
missioners. 

Sec.  6.  The  model  regulations,  prepared  and  issued 
by  the  National  Bureau  of  Standards,  shall  govern  the  pro- 
cedure to  be  followed  by  the  state  commissioner  of  weights 
and  measures  and  local  inspectors  in  inspecting,  testing, 
and  sealing  all  weights,  measures,  balances,  or  measuring 
devices. 

Sec.  7.  The  net  quantity  of  the  contents  of  all  pack- 
ages shall  be  plainly  stated  in  terms  of  weight  or  measure 
on  the  outside  of  the  package. 

Local  Law 

Sec.  8.  The  weights,  measures,  and  balances  received 
from  the  United  States  under  a  resolution  of  Congress, 
approved  June  14,  1836,  and  such  new  weights,  measures, 
and  balances  as  shall  be  received  from  the  United  States  as 
standard  weights,  measures,  and  balances  in  addition  thereto 
or  in  renewal  thereof,  shall  be  the  authorized  standards  by 
which  all  county  and  municipal  standards  of  weights  and 
measures  shall  be  tried,  proved,  and  sealed. 

Sec.  9.  There  shall  be  a  state  commissioner  of  weights 
and  measures  to  be  appointed  by  the  governor,  in  such  man- 
ner and  at  such  salary  as  may  be  fixed  by  the  respective  state 
legislatures;  and  deputy  commissioners  may  be  appointed 
as  required. 

Sec.  10.  The  state  commissioner  of  weights  and  meas- 
ures shall  have  the  exclusive  custody  and  control  of  the  state 
standards  received  from  the  National  Government,  which 
shall  be  kept  in  a  fireproof  room  provided  by  the  State,  when 
not  in  actual  use.  He  shall  maintain  the  state  standards  in 
good  order,  and  submit  them  once  in  ten  years  to  the 
National  Bureau  of  Standards  for  inspection. 

138 


Sec.  1 1.  The  state  commissioner  of  weights  and  meas- 
tires  shall  keep  a  complete  record  of  standards,  balances, 
and  other  apparatus  in  his  possession,  and  take  a  receipt  for 
the  same  from  his  successor  in  office. 

Sec.  12.  The. state  commissioner  of  weights  and  meas- 
ures shall  be  sworn,  and  shall  give  bond  to  the  State  for  five 
thousand  dollars,  conditioned  on  the  faithful  discharge  of 
his  duties. 

Sec.  13.  The  state  commissioner  of  weights  and  meas- 
ures or  deputy  commissioner  shall  inspect  all  standards  used 
by  the  county  and  municipal  inspectors  at  least  once  in  five 
years,  and  shall  keep  a  record  of  same,  and  see  that  they 
are  kept  in  proper  adjustment  with  the  state  standards.  He 
shall  visit  the  various  cities  and  towns  of  the  State  in  order 
to  inspect  the  work  of  the  local  sealers,  and  in  the  perform- 
ance of  his  duty  he  may  inspect  the  weights,  measures,  and 
balances  of  any  person  (or  corporation)  which  are  used  for 
buying  or  selling  goods,  merchandise,  or  other  commodities, 
and  for  public  weighing. 

Sec.  14.  Every  county  and  municipality  in  the  State 
shall  appoint  a  sealer,  with  a  sufficient  number  of  deputies 
to  inspect  at  least  once  a  year  every  weight,  measure,  bal- 
ance, or  measuring  device  of  any  kind  used  in  trade  within 
the  jurisdiction  of  said  county  or  municipality. 

Sec.  15.  Any  two  or  more  local  authorities  may  com- 
bine the  whole  or  any  part  of  their  districts  upon  such  terms 
and  in  such  manner  as  may  be  agreed  upon. 

Sec.  1 6.  An  inspector  appointed  in  pursuance  of  an 
agreement  for  such  combination  shall,  subject  to  the  terms 
of  his  appointment,  have  the  same  authority,  jurisdiction, 
and  duties  as  if  he  had  been  appointed  by  each  of  the  authori- 
ties who  are  parties  to  the  agreement. 

Sec.  17.  Every  county  and  municipality  shall  provide 
the  local  sealer  with  suitable  standards,  apparatus,  and  quar- 
ters to  enable  him  to  properly  perform  his  duties,  all  of 

139 


which  shall  be  subject  to  the  approval  of  the  state  commis- 
sioner of  weights  and  measures. 

Sec.  1 8.  It  shall  be  the  duty  of  the  sealer  to  faithfully 
devote  his  time  to  the  performance  of  the  duties  of  his  office, 
and  to  test  all  weights,  measures,  scales,  beams,  and  steel- 
yards used  in  trade,  or  other  machinery  used  for  weighing 
or  measuring,  within  his  district,  at  least  once  in  every  year ; 
and  upon  being  notified  in  writing  by  any  person  that  any 
weight,  measure,  scale,  beam,  or  steelyard  used  in  trade,  or 
other  machinery  for  weighing  or  measuring  any  article 
intended  to  be  purchased  or  sold  in  such  district,  is  inac- 
curate, or  believed  to  be  so,  or  not  according  to  the  standard, 
to  at  once  make  an  examination  of  the  same. 

And  in  the  exercise  of  such  duties  he  shall  have  full 
police  power  to  enforce  any  and  all  reasonable  measures  for 
testing  such  weights  and  measures,  and  also  in  ascertaining 
whether  false  or  short  weights  and  measures  are  being  given 
in  any  sales  or  transfer  of  articles  of  merchandise  taking 
place  within  such  district. 

Sec.  19.  Every  local  sealer  shall  make  an  annual  re- 
port of  the  weights,  measures,  and  balances  tested  by  him, 
together  with  an  inventory  of  the  standards  and  working 
apparatus,  to  the  state  commissioner  of  weights  and  meas- 
ures. 

Sec.  20.  All  weights,  measures,  and  balances  which 
can  not  be  made  to  conform  to  the  standards  shall  be  de- 
stroyed by  the  sealer. 

Sec.  21.  The  local  sealer  shall  report  monthly  to  the 
state  commissioner  of  weights  and  measures  the  names  and 
occupations  of  all  persons  convicted  for  the  use  of  fraudu- 
lent weights,  measures,  balances,  or  measuring  devices,  who 
shall  publish  the  same  in  a  daily  paper  of  general  circulation 
throughout  the  state. 

Sec.  22.  Any  person  who  neglects  or  refuses  to  pro- 
duce for  said  sealer  all  weights,  measures,  or  balances  in  his 
possession,  and  used  in  trade,  or  on  his  premises,  or  refuses 

140 


to  permit  the  sealer  to  examine  the  same,  or  obstructs  the 
entry  of  the  sealer,  or  otherwise,  obstructs  or  hinders  a 
sealer  under  this  law,  shall  be  liable  to  a  fine  not  exceeding 
twenty-five  dollars,  and  in  a  second  offense  of  fifty  dollars. 

Sec.  23.  A  local  standard  which  has  become  defective 
in  consequence  of  any  wear  or  accident,  or  has  been  re- 
paired, shall  not  be  legal,  nor  be  used  by  the  local  sealer 
until  it  has  been  reverified  by  the  state  commissioner  of 
weights  and  measures. 

Sec.  24.  Any  sealer  or  deputy  sealer  of  weights  and 
measures  shall  forthwith,  on  his  appointment,  give  bond  in 
the  sum  of  one  thousand  dollars  for  the  due  performance 
of  the  duties  of  his  office,  and  for  the  safety  of  the  local 
standards  and  the  stamp  appliances  for  verification  commit- 
ted to  his  charge,  and  for  the  surrender  immediately  on  his 
removal  or  cessation  from  office  to  the  person  appointed  by 
the  proper  authority  to  receive  them. 

Sec.  25.  If  a  sealer  or  deputy  sealer  stamps  a  weight 
or  measure  without  duly  verifying  the  same  by  comparison 
with  a  local  standard,  or  is  guilty  of  a  breach  of  any  duty 
imposed  upon  him  by  law,  or  otherwise  misconducts  him- 
self in  the  execution  of  his  office,  he  shall  be  liable  to  re- 
moval or  to  pay  a  fine  not  exceeding  two  hundred  dollars 
for  each  offense. 

Sec.  26.  A  local  standard  shall  not  be  deemed  legal 
nor  be  used  by  the  local  sealer  for  testing  any  weight, 
measure,  or  balance  unless  it  has  been  verified  by  the  state 
commissioner  of  weights  and  measures  within  at  least  five 
years  of  the  time  at  which  it  is  used,  or  whenever  necessary. 

General   Regulations 

Sec.  27.  No  weight,  measure,  balance,  or  measuring 
device  of  any  kind  shall  be  used  in  trade  until  it  has  been 
examined  and  sealed  by  the  state  commissioner  of  weights 
and  measures  or  local  sealer. 

141 


Sec.  28.  All  computing  devices  shall  be  tested  as  to 
the  correctness  of  the  values,  and  all  values,  whether  in 
money,  figures,  or  graduations,  shall  be  correctly  placed,  so 
that  when  any  commodity  is  weighed  thereon  the  money 
value  registered  shall  be  the  true  value  of  the  commodity 
weighed. 

Sec.  29.  Every  weight,  except  when  the  small  size  of 
the  weight  renders  it  impracticable,  shall  have  the  denomi- 
nation of  such  weight  stamped  on  the  top  or  side  thereof  in 
legible  figures  or  letters ;  and  every  measure  of  capacity  shall 
have  the  denomination  thereof  stamped  on  the  outside  of 
such  measures  in  legible  figures  and  letters. 

A  weight  or  measure  not  in  conformity  with  this  sec- 
tion shall  not  be  stamped  by  the  state  commissioner  of 
weights  and  measures  or  local  sealer. 

Sec.  30.  Every  person  who  uses  or  has  in  his  posses- 
sion for  use  in  trade  any  weight,  measure,  scale,  balance, 
steelyard,  or  weighing  machine  which  is  false  or  unjust 
shall  be  liable  to  a  fine  not  exceeding  twenty-five  dollars,  or 
in  the  case  of  a  second  offense,  fifty  dollars,  and  any  con- 
tract for  gain,  sale,  or  dealing  made  by  the  same  shall  be 
void,  and  the  weight,  measure,  scale,  balance,  or  steelyard 
shall  be  liable  to  be  forfeited. 

Sec.  31.  A  weight  or  measure  duly  stamped  by  the 
state  commissioner  of  weights  and  measures  or  a  sealer,  or 
by  the  National  Bureau  of  Standards,  shall  be  a  legal  weight 
or  measure  throughout  the  state,  unless  found  to  be  false 
or  unjust,  and  shall  not  be  liable  to  be  restamped  because 
used  in  any  other  place  than  that  in  which  it  was  originally 
stamped. 

Sec.  32.  Where  any  fraud  is  willfully  committed  in 
the  using  of  any  weight,  measure,  scale,  balance,  or  steel- 
yard, or  weighing  machine,  the  person  committing  such 
fraud,  and  every  person  party  to  the  fraud,  shall  be  liable 
to  a  fine  not  exceeding  twenty-five  dollars,  or  in  case  of  a 
second  offense  fifty  dollars. 

142 


Sec.  33.  All  dealers  in  milk  and  cream  who  use  glass 
bottles,  jars,  or  other  receptacles  for  the  distribution  of  milk 
or  cream  to  consumers  shall  bring  in  such  bottles,  jars,  or 
other  receptacles  to  the  office  of  the  sealer  of  weights  and 
measures  in  their  respective  cities  and  towns,  to  be  sealed  as 
aforesaid;  but  no  fee  shall  be  charged  or  received  for  seal- 
ing them.  If  a  bottle,  jar,  or  other  receptacle  has  once 
been  sealed  by  the  sealer  of  weights  and  measures  it  shall 
not  in  any  case  be  necessary  to  have  it  sealed  again  at  any 
time  while  it  is  used  for  the  distribution  of  milk  or  cream 
to  consumers.  Glass  bottles,  jars,  or  other  receptacles 
sealed  under  the  provisions  of  this  section  shall  not  be  legal 
measures  except  for  the  distribution  of  milk  or  cream  to 
consumers. 

Sec.  34.  Every  person  who,  in  putting  up  in  any  bag, 
bale,  box,  barrel,  or  other  package,  any  hops,  cotton,  wool, 
grain,  hay,  or  other  commodity  sold  in  bags,  bales,  boxes, 
barrels,  or  packages  by  weight  or  measure,  puts  in  or  con- 
ceals therein  anything  whatever  for  the  purpose  of  increas- 
ing the  weight  or  measure  of  such  bag,  bale,  box,  barrel,  or 
package,  with  intent  thereby  to  sell  the  commodity  therein, 
or  to  enable  another  to  sell  the  same,  for  an  increased  weight 
or  measure,  is  punishable  by  fine  of  not  less  than  twenty- 
five  dollars  for  each  offense. 


M3 

29476—10 


APPENDIX   C 

Model  Uniform  Regulations  for  State  Legislation  on  the 
Subject  of  Weights  and  Measures  Adopted  by  the 
Sixth  Annual  Conference  on  Weights  and  Measures, 
Feb.  17-18,  1911 

Sec.  i.  The  weights  and  measures  received  from  the 
United  States  under  a  resolution  of  Congress  approved 
June  14,  1836,  and  such  new  weights  and  measures  as  shall 
be  received,  from  the  United  States  as  standard  weights 
and  measures  in  addition  thereto  or  in  renewal  thereof,  and 
such  as  shall  be  supplied  by  the  State  in  conformity  there- 
with and  certified  by  the  National  Bureau  of  Standards, 
shall  be  the  State  standards,  by  which  all  county  and  mu- 
nicipal standards  of  weights  and  measures  shall  be  tried, 
proved,  and  sealed. 

Sec.  2.  There  shall  be  a  State  superintendent  of 
weights  and  measures,  who  shall  be  appointed  by  the  Gov- 
ernor by  and  with  the  advice  and  consent  of  the  Senate. 
Such  superintendent  shall  be  appointed  for  a  term  of  five 

(four)  years  and  shall  receive  a  salary  of 

dollars  a  year.  There  shall  be  a  deputy  superintendent  of 
weights  and  measures  and  inspectors  of  weights  and  meas- 
ures, the  deputy  to  be  appointed  by  the  superintendent  of 
weights  and  measures  and  to  hold  office  during  the  super- 
intendent's term  of  office;  the  inspectors  to  be  appointed 
from  an  eligible  list  prepared  by  the  Civil  Service  Board 
and  under  the  rules  of  said  Board.  The  superintendent  of 
weights  and  measures  shall  be  allowed  for  salaries  for  the 
deputy  superintendent  of  weights  and  measures,  inspectors 
of  weights  and  measures,  clerical  services,  traveling  and 
contingent  expenses  for  himself,  his  deputy,  and  inspectors 
such  sums  as  shall  be  appropriated  by  the  Legislature. 

Sec.  3.  The  superintendent  of  weights  and  measures 
shall  take  charge  of  the  standards  adopted  by  this  article  as 

'44 


the  standards  of  the  State,  and  cause  them  to  be  kept  in  a 
fire-proof  building  belonging  to  the  State  (or  in  a  safe  and 
suitable  place  in  the  office  of  the  superintendent)  from 
which  they  shall  not  be  removed  except  for  repairs  or  for 
certification  and  he  shall  take  all  other  necessary  precautions 
for  their  safe  keeping.  He  shall  maintain  the  State  stand- 
ards in  good  order  and  shall  submit  them  at  least  once  in 
ten  years  to  the  National  Bureau  of  Standards  for  certifica- 
tion. He  shall  at  least  once  in  two  (five)  years  try  and 
prove  by  the  State  standards  all  standard  weights,  meas- 
ures, and  other  apparatus  which  may  belong  to  any  county 
or  city,  and  shall  seal  such  when  found  to  be  accurate  by 
stamping  on  them  the  letter  " — "  and  the  last  two  figures 
of  the  year  with  seals  which  he  shall  have  and  keep  for  that 
purpose.  He  shall  have  and  keep  a  general  supervision  of 
the  weights,  measures,  and  weighing  and  measuring  de- 
vices offered  for  sale,  sold,  or  in  use  in  the  State.  He 
shall,  upon  the  written  request  of  any  citizen,  firm,  corpora- 
tion, or  educational  institution  in  the  State,  test  or  calibrate 
weights,  measures,  weighing  or  measuring  devices,  and  in- 
struments or  apparatus  used  as  standards  in  the  State.  He, 
or  his  deputy,  or  inspectors,  by  his  direction,  shall  at  least 
once  annually  test  all  scales,  weights,  and  measures  used  in 
checking  the  receipts  or  disbursements  of  supplies  in  every 
institution  for  the  maintenance  of  which  moneys  are  appro- 
priated by  the  Legislature,  and  he  shall  report  in  writing 
his  findings  to  the  Supervisory  Board  and  to  the  executive 
officer  of  the  institution  concerned,  and,  at  the  request  of 
such  board,  or  executive  officer,  the  superintendent  of 
weights  and  measures  shall  appoint  in  writing  one  or  more 
employees  then  in  the  actual  service  of  each  institution  who 
shall  act  as  special  deputies  for  the  purpose  of  checking  the 
receipts  or  disbursements  of  supplies.  He  shall  keep  a  com- 
plete record  of  the  standards,  balances,  and  other  apparatus 
belonging  to  the  State  and  take  a  receipt  for  same  from  his 
successor  in  office.  He  shall  annually,  on  the  first  day  of 
,  make  to  the  Governor  a  report  of  the  work 

M5 


done  by  his  office.  The  State  superintendent,  or  his  deputy, 
or  inspectors,  at  his  direction,  shall  inspect  all  standards  and 
apparatus  used  by  the  counties  and  cities  at  least  once  in 
two  years,  and  shall  keep  a  record  of  the  same.  He,  or  his 
deputy,  or  inspectors,  at  his  direction,  shall  at  least  once  in 
two  years  visit  the  various  cities  and  counties  of  the  State 
in  order  to  inspect  the  work  of  the  local  sealers,  and  in  the 
performance  of  such  duties,  he  may  inspect  the  weights, 
measures,  balances,  or  any  other  weighing  or  measuring 
appliances  of  any  citizen,  firm,  or  corporation,  and  shall 
have  the  same  powers  as  the  local  sealer  of  weights  and 
measures.  The  superintendent  shall  issue  from  time  to 
time,  regulations  for  the  guidance  of  county  and  city  sealers, 
and  the  said  regulations  shall  govern  the  procedure  to  be 
followed  by  the  aforesaid  officers  in  the  discharge  of  their 
duties.  The  State  superintendent  of  weights  and  measures 
shall  forthwith,  on  his  appointment,  give  a  bond  in  the  penal 
sum  of  $5000.00,  with  sureties,  to  be  approved  by  the  Gov- 
ernor for  the  faithful  performance  of  the  duties  of  his 
office,  and  for  the  safety  of  the  standards  entrusted  to  his 
care,  and  for  the  surrender  thereof  immediately  to  his  suc- 
cessor in  office  or  to  the  person  appointed  by  the  Governor 
to  receive  them.  The  deputy  superintendent  of  weights  and 
measures  and  each  inspector  of  weights  and  measures  shall 
forthwith  upon  his  appointment  give  a  bond  in  the  penal 
sum  of  $1000.00,  with  sureties,  to  be  approved  by  the  (Sec- 
retary of  State  or  Attorney  General),  for  the  faithful  per- 
formance of  the  duties  of  his  office  and  for  the  safety  of  any 
apparatus  entrusted  to  his  care. 

Sec.  4.  The  board  of  county  commissioners  of  each 
county  and  the  common  council  of  each  city  required  to 
appoint  a  sealer  under  this  act,  shall  procure  at  the  expense 
of  the  county  or  city,  and  shall  keep  at  all  times,  a  complete 
set  of  weights  and  measures  and  other  apparatus  of  such 
materials  and  construction  as  the  said  superintendent  of 
weights  and  measures  may  direct.  All  such  weights,  meas- 

146 


ures,  and  other  apparatus  having  been  tried  and  accurately 
proven  by  him,  shall  be  sealed  and  certified  to  by  the  State 
superintendent  as  hereinbefore  provided;  and  shall  be  then 
deposited  with  and  preserved  by  the  county  or  city  sealer  as 
public  standards  for  such  county  or  city. 

Whenever  the  board  of  county  commissioners  of  a 
county  or  the  common  council  of  such  city  shall  neglect  for 
six  months  so  to  do,  the  county  auditor  of  the  county,  or 
the  city  clerk  or  comptroller  of  said  city,  on  notification  and 
request  by  the  superintendent  of  weights  and  measures,  shall 
provide  such  standards  and  cause  the  same  to  be  tried, 
sealed,  and  deposited  at  the  expense  of  the  county  or  city. 

Sec.  5.  There  shall  be  a  county  sealer  of  weights  and 
measures  in  each  county,  who  shall  be  appointed  by  the 
board  of  county  commissioners  for  a  term  of  five  years.  He 
shall  be  paid  a  salary  determined  by  such  board,  said  salary 
not  to  be  less  than  ($1000.00)  a  year,  and  no  fee  shall  be 
charged  by  him  or  by  the  county  for  the  inspection,  testing, 
or  sealing  of  weights,  measures,  or  weighing  or  measuring 
devices.  Where  not  otherwise  provided  by  law,  the  county 
sealer  shall  have  the  power  within  his  county  to  inspect, 
test,  try,  and  ascertain  if  they  are  correct,  all  weights,  scales, 
beams,  measures  of  every  kind,  instruments  or  mechanical 
devices  for  measuring,  and  tools,  appliances,  or  accessories 
connected  with  any  and  all  such  instruments  or  measures 
kept,  offered,  or  exposed  for  sale,  sold,  or  used  or  employed 
within  the  county  by  any  proprietor,  agent,  lessee,  or  em- 
ployee in  proving  the  size,  quantity,  extent,  area,  or  meas- 
urements of  quantities,  things,  produce,  articles  for  distri- 
bution or  consumption,  offered  or  submitted  by  such  person 
or  persons  for  sale,  hire,  or  award;  and  he  shall  have  the 
power  to  and  shall  from  time  to  time  weigh  or  measure 
packages  or  amounts  of  commodities  of  whatsoever  kind 
kept  for  the  purpose  of  sale,  offered  for  sale,  or  sold  or  in 
the  process  of  delivering,  in  order  to  determine  whether 
the  same  contains  the  amounts  represented,  and  whether 


they  be  offered  for  sale  or  sold  in  a  manner  in  accordance 
with  law.  He  shall  at  least  twice  each  year  and  as  much 
oftener  as  he  may  deem  necessary  see  that  the  weights, 
measures,  and  all  apparatus  used  in  the  county  are  correct. 
He  may  for  the  purpose  above  mentioned,  and  in  the  general 
performance  of  his  official  duties,  enter  and  go  into  or  upon, 
and  without  formal  warrant,  any  stand,  place,  building,  or 
premises,  or  stop  any  vendor,  peddler,  junk  dealer,  coal 
wagon,  ice  wagon,  delivery  wagon,  or  any  dealer  whatso- 
ever, and  require  him,  if  necessary,  to  proceed  to  some  place 
which  the  dealer  may  specify,  for  the  purpose  of  making  the 
proper  tests.  Whenever  the  county  sealer  finds  a  violation 
of  the  statutes  relating  to  weights  and  measures,  he  shall 
cause  the  violator  to  be  prosecuted.  Whenever  the  sealer 
compares  weights,  measures,  or  weighing  or  measuring  in- 
struments, and  finds  that  they  correspond  or  causes  them  to 
correspond  with  the  standards  in  his  possession,  he  shall  seal 
or  mark  such  weights,  measures,  or  weighing  or  measuring- 
instruments  with  appropriate  devices  to  be  approved  by  the 
State  superintendent  of  weights  and  measures.  He  shall 
condemn  and  seize  and  may  destroy  incorrect  weights, 
measures,  or  weighing  or  measuring  instruments  which  in 
his  best  judgment  are  not  susceptible  of  satisfactory  repair ; 
but  such  as  are  incorrect  and  yet  may  be  repaired,  he  shall 
mark  or  tag  as  "Condemned  for  Repairs"  in  a  manner  pre- 
scribed by  the  State  superintendent  of  weights  and  measures. 
The  owner  or  users  of  any  weights,  measures,  or  weighing 
or  measuring  instruments  of  which  such  disposition  is  made 
shall  have  the  same  repaired  or  corrected  within  ten  days, 
and  they  may  neither  use  nor  dispose  of  the  same  in  any 
way,  but  shall  hold  the  same  at  the  disposal  of  the  sealer. 
Any  apparatus  which  has  been  "Condemned  for  Repairs" 
and  has  not  been  repaired  as  required  above  shall  be  con- 
fiscated by  the  sealer. 

The  county  sealer  shall  keep  a  complete  record  of  all  of 
his  official  acts  and  shall  make  an  annual  report  to  the  board 
of  county  commissioners  and  an  annual  report  duly  sworn 

148 


to  on  the  first  day  of . ,  to  the  State  superintendent 

of  weights  and  measures  on  blanks  to  be  furnished  by  the 
superintendent.  The  county  sealer  of  weights  and  meas- 
ures shall  forthwith  on  his  appointment  give  a  bond  in  the 
penal  sum  of  $1000.00,  with  sureties,  to  be  approved  by 
the  appointing  power  for  the  faithful  performance  of  the 
duties  of  his  office. 

PROVIDED,  However,  That  nothing  in  the  above  shall 
be  construed  to  prevent  two  or  more  counties  from  com- 
bining the  whole  or  any  part  of  their  districts  as  may  be 
agreed  upon  by  the  boards  of  county  commissioners  with 
one  set  of  standards  and  one  sealer,  upon  the  written  con- 
sent of  the  State  superintendent  of  weights  and  measures. 
A  county  sealer  appointed  in  pursuance  of  an  agreement  for 
such  combination  shall,  subject  to  the  terms  of  his  appoint- 
ment, have  the  same  authority,  jurisdiction,  and  duties  as  if 
he  had  been  appointed  by  each  of  the  authorities  who  are 
parties  to  the  agreement. 

Sec.  6.  There  shall  be  a  city  sealer  of  weights  and 
measures  in  cities  of  not  less  than  25,000  population,  accord- 
ing to  the  latest  official  state  or  United  States  census,  to  be 
appointed  by  the  Mayor  from  a  list  to  be  furnished  by  the 
Civil  Service  Board  and  under  the  rules  of  such  board, 
where  such  board  exists ;  otherwise,  he  shall  be  appointed  by 
the  Mayor  by  and  with  the  advice  and  consent  of  the  county 
council.  He  shall  perform  in  said  city  the  duties  and  have 
like  powers  as  the  county  sealer  in  the  county.  In  those 
cities  in  which  no  sealer  is  required  by  the  above,  the  county 
sealer  of  the  county  shall  perform  in  said  cities  the  duties 
and  have  like  powers  as  in  the  counties. 

PROVIDED,  However,  That  nothing  in  the  above  shall 
be  construed  to  prevent  any  county  and  the  city  situated 
therein  from  combining  the  -whole  or  any. part  of  their  dis- 
tricts as  may  be  agreed  upon  with  one  sealer,  subject  to  the 
written  approval  of  the  State  superintendent  of  weights  and 
measures.  A  sealer  appointed  in  pursuance  of  any  agree- 

149 


ment  for  such  combination  shall,  subject  to  the  terms  of  his 
appointment,  have  the  same  authority,  jurisdiction,  and  du- 
ties as  if  he  had  been  appointed  by  each  of  the  authorities 
who  are  parties  to  the  agreement. 

Sec.  7.  Any  person  who  by  himself  or  by  his  servant 
or  agent  or  as  the  servant  or  agent  of  another  shall  offer  or 
expose  for  sale,  sell,  or  use  or  retain  in  his  possession,  a 
false  weight  or  measure  or  weighing  or  measuring  device 
or  any  weight  or  measure  or  weighing  or  measuring  device 
which  has  not  been  sealed  by  the  sealer  of  weights  and 
measures  within  one  year,  in  the  buying  or  selling  of  any 
commodity  or  thing,  or  for  hire  or  award;  or  who  shall 
dispose  of  any  condemned  weight,  measure  or  weighing  or 
measuring  device  contrary  to  law  or  remove  any  tag  placed 
thereon  by  a  sealer  of  weights  and  measures,  or  any  person 
who  by  himself  or  by  his  servant  or  agent  or  as  the  servant 
or  agent  of  another  shall  sell  or  offer  or  expose  for  sale 
less  than  the  quantity  he  represents,  or  sell  or  offer  or  ex- 
pose for  sale  any  such  commodity  in  a  manner  contrary  to 
law;  (or  any  person  who  by  himself  or  by  his  servant  or 
agent  or  as  the  servant  or  agent  of  another  shall  sell  or 
offer  for  sale  or  have  in  his  possession  for  the  purpose  of 
selling  any  device  or  instrument  to  be  used  to  or  calculated 
to  falsify  any  weight  or  measure),  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less 
than  twenty  (20)  dollars  or  more  than  two  hundred 
(200)  dollars  or  by  imprisonment  for  not  more  than  three 
months,  or  by  both  such  fine  and  imprisonment  upon  a 
first  conviction ;  but  upon  a  second  or  subsequent  conviction 
he  shall  be  punished  by  a  fine  of  not  less  than  fifty  (50) 
"dollars  or  more  than  five  hundred  (500)  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment. 

Sec.  8.  The  superintendent  of  weights  and  measures, 
his  deputy  and  inspectors,  and  the  county  and  city  sealers 
of  weights  and  measures,  are  hereby  made  special  police- 

150 


men,  and  are  authorized  and  empowered  to  arrest,  without 
formal  warrant,  any  violator  of  the  statutes  in  relation  to 
weights  and  measures,  and  to  seize,  for  use  as  evidence,  and 
without"  formal  warrant,  any  false  or  unsealed  weight, 
measure  or  weighing  or  measuring  device  or  package  or 
amounts  of  commodities,  found  to  be  used,  retained  or 
offered  or  exposed  for  sale,  or  sold  in  violation  of  law. 

Sec.  9.  Any  person  who  shall  hinder  or  obstruct,  in 
any  way,  the  superintendent  of  weights  and  measures,  his 
deputy,  or  inspectors,  or  any  county  or. city  sealer,  in  the 
performance  of  his  official  duties,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  punished  upon  conviction  thereof,  in 
any  court  of  competent  jurisdiction,  by  a  fine  of  not  less  than 
two  (2)  dollars  or  more  than  two  hundred  (200)  dollars 
or  by  imprisonment  in  the  county  jail  for  not  more  than 
ninety  (90)  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  10.  Any  person  who-  shall  impersonate,  in  any 
way,  the  superintendent  of  weights  and  measures,  or  his 
deputy  or  inspectors  or  any  city  sealer  by  the  use  of  his 
seal,  or  otherwise  shall  be  guilty  of  a  misdemeanor  and 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
(TOO)  dollars  nor  more  than  five  hundred  (500)  dollars 
or  by  imprisonment  for  not  more  than  one  year,  or  by  both 
such  fine  and  imprisonment. 

General  Regulations 

Sec.  ii.  Bottles  used  for  the  sale  of  milk  and  cream 
shall  be  of  the  capacity  of  half  gallon,  three  pints,  one  quart, 
one  pint,  half  pint,  and  one  gill,  filled  full  to  the  bottom  of 
the  lip.  The  following  variations  on  individual  bottles  or 
jars  may  be  allowed,  but  the  average  content  of  not  less 
than  25  bottles  selected  at  random  from  at  least  four  times 
the  number  tested  must  not  be  in  error  by  more  than  one- 
quarter  of  the  tolerances :  6  drams  above  and  6  drams  be- 
low on  the  half  gallon;  5  drams  above  and  5  drams  below 
on  the  three  pint;  4  drams  above  and  4  drams  below  on 


the  quart;  3  drams  above  and  3  drams  below  on  the  pint; 
2  drams  above  and  2  drams  below  on  the  half  pint;  and  2 
drams  above  and  2  drams  below  on  the  gill.  Bottles  or 
jars  used  for  the  sale  of  milk  shall  have  clearly  blown,  or 
otherwise  permanently  marked  in  the  side  of  the  bottle,  the 
capacity  of  the  bottle  and  the  word  "Sealed;"  and  in  the 
side  or  bottom  of  the  bottle  the  name,  initials,  or  trade  mark 
of  the  manufacturer,  and  a  designating  number,  which 
designating  number  shall  be  different  for  each  manufac- 
turer and  may  be  used  in  identifying  the  bottles.  The 
designating  number  shall  be  furnished  by  the  State  superin- 
tendent of  weights  and  measures  upon  application  by  the 
manufacturer,  and  upon  the  filing  by  the  manufacturer  of  a 
bond  in  the  sum  of  $1000  with  sureties  to  be  approved  by 
the  (Attorney  General  or  Secretary  of  State),  conditioned 
upon  their  conformance  with  the  requirements  of  this  sec- 
tion. A  record  of  the  bonds  furnished,  the  -designating 
numbers,  and  to  whom  furnished,  shall  be  kept  in  the  office 
of  the  superintendent  of  weights  and  measures. 

Any  manufacturer  who  sells  milk  and  cream  bottles  to 
be  used  in  this  state  that  do  not  comply  as  to  size  and  mark- 
ings with  the  provisions  of  this  section  shall  suffer  a  pen- 
alty of  five  hundred  (500)  dollars,  to  be  recovered  by  the 
Attorney  General  in  an  action  against  the  offender's  bonds- 
men to  be  brought  in  the  name  of  the  people  of  the  state. 
Any  dealer  who  uses,  for  the  purpose  of  selling  milk  or 
cream,  jars  or  bottles  purchased  after  this  law  takes  effect 
that  do  not  comply  with  the  requirements  of  this  section 
as  to  markings  and  capacity,  shall  be  deemed  guilty  of 
using  a  false  or  insufficient  measure. 

Sealers  of  weights  and  measures  are  not  required  to 
seal  bottles  or  jars  for  milk  or  cream  marked  as  in  this 
section  provided,  but  they  have  the  power  and  shall  from 
time  to  time  make  tests  on  individual  bottles  used  by  the 
various  firms  in  the  territory  over  which  they  have  jurisdic- 
tion, in  order  to  ascertain  whether  the  above  provisions  are 

152 


being  complied  with,  and  they  shall  report  violations  found 
immediately  to  the  State  superintendent  of  weights  and 
measures. 

Sec.  12.  It  shall  be  unlawful  to  sell  or  offer  to  sell  in 
the  state  any  coal  or  charcoal  in  any  other  manner  than  by 
weight  except  by  written  agreement  to  the  contrary.  No 
person,  firm,  or  corporation  shall  deliver  any  coal  or  char- 
coal without  each  such  delivery  being  accompanied  by  de- 
livery ticket  and  a  duplicate  thereof,  on  each  of  which  shall 
be  in  ink  or  other  indelible  substance,  distinctly  expressed  in 
pounds,  the  gross  weight  of  the  load,  the  tare  of  the  deliv- 
ery vehicle,  and  the  quantity  or  quantities  of  coal  or  char- 
coal contained  in  the  cart,  wagon,  or  other  vehicle  used  in 
such  deliveries,  with  the  name  of  the  purchaser  thereof  and 
the  name  of  the  dealer  from  whom  purchased.  One  of 
these  tickets  shall  be  surrendered  to  the  sealer  of  weights 
and  measures  upon  his  demand  for  his  inspection,  and  this 
ticket  or  a  weight  slip  issued  by  the  sealer  when  the  sealer 
desires  to  retain  the  original  shall  be  delivered  to  the  pur- 
chaser of  said  coal  or  charcoal  or  his  agent  or  representa- 
tive at  the  time  of  the  delivery  of  the  fuel;  and  the  other 
ticket  shall  be  retained  by  the  seller  of  the  fuel.  When  the 
buyer  carries  away  the  purchase,  a  delivery  ticket,  showing 
the  actual  number  of  pounds  delivered  over  to  the  pur- 
chaser, must  be  given  to  the  purchaser  at  the  time  the  sale 
is  made. 

Sec.  13.  All  bread  baked  and  kept  for  the  purpose  of 
sale,  offered  or  exposed  for  sale,  or  sold  in  the  state,  shall 
be  sold  by  weight.  To  each  loaf  of  bread  shall  be 
attached  a  label,  plainly  showing  its  weight  and  the  firm 
name  of  the  manufacturer  thereof,  the  size  of  the  stamp 
and  type  used  to  be  specified  by  the  State  superintendent  of 
weights  and  measures.  It  shall  be  unlawful  for  any  person 
to  make  for  sale,  sell,  or  offer  to  sell,  pr  procure  to  be  sold, 
any  bread  other  than  such  as  shall  be  in  accordance  with 
the  provisions  of  this  section. 

153 


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THE  BUREAU  OF  MUNICIPAL  RESEARCH 

is  an  incorporated  organization  which  aims  in  a 
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Its  support  is  derived  from  private  subscrip- 
tions, and  its  final  appeal  is  to  enlightened  public 
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Its  scope  is  as  wide  as  municipal  activity ; 
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